- (1.) This is tenant's appeal. Respondent-landlord field eviction-petition against the appellant under Section 10(2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (the Act) on the ground that the tenant committed wilful default in the payment of rent. The application was allowed by the Rent Controller. The appellate Court upheld the findings of the Rent Controller. The High Court dismissed the revision petition filed by the appellant.
(2.) The respondent purchased the premises in dispute on March 30, 1977. It is not disputed that at that time the appellant was occupying the said premisses as a tenant on a monthly rent of Rs. 60/-. The respondent filed a suit for declaration and injunction against the appellant alleging that after the purchase of the property by him the appellant surrendered the possession of the parmises to him but later on trespassed into the property. The appellant, in the suit, contended that he was a tenant in the property and had never surrendered possession of the building to anyone. The suit was dismissed. The appeal filed by the respondent against the said order was also dismissed.
(3.) The respondent served a notice dated August 12, 1981 on the appellant demanding arrears of rent for the period from March 30, 1977 to August 12, 1981. Section 10(2) (i) and the proviso thereunder which are relevant are as under : "10. Eviction of tenants :- (1) A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of this section or Sections 14 to 16 : Provided that noting contained in the said sections shall apply to a tenant whose landlord is the Government : Provided further that where the tenant denies the title or the landlord or claims right of permanent tenancy, the Controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and the Court may pass a decree for evication on any of the grounds mentioned in the said sections, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded. (2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing case against the application, is satisfied- (i) that the tenant has not paid or tendered the rent due by him in respect of the building, within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable, or .................................... Provided that in any case falling under Caluse(i) if the Controller is satified that the tenant's default to pay or tender rent was not wilful, he may, notwithstanding anything contained in Section 11, give the tenant a reasonable time, not exceeding fifteen days, to pay or tender the rent due by him to the landlord up to the date of such payment or tender, the application shall be rejected. (Explanation :- For the purpose of this sub-section, default to pay or tender shall be construed as wilful, if the default by the tenant in the payment or tender of rent continues after the issue of two months' notice by the Iandlord claiming the rent.)" It is not disputed that in October, 1981 the appellant deposited all the arrears of rent before the Rent Controller.;