- (1.)Being aggrieved by the concurrent decisions of the Rent Control Authorities directing eviction, the tenant has filed the revision petition. The case of the landlord is as follows:
The petitioner is a tenant in respect of a Shop measuring 1600 sq. ft on a monthly rent of Rs. 7,500/- for non-residential purpose. According to the landlord, he is a defaulter in payment of rent and that he has been irregular. Inspite of repeated demands and requests, the tenant has failed and neglected to pay rent from September 2004 to February 2005, amounting to Rs. 45,000/- and that the rent for the month of March 2005 was also due. The tenant has lastly paid rent for the month of August 2004 on 31.12.2004, by cheque. In the abovesaid circumstances, the landlord has sought for eviction under Section 10(2)(i) of the Tamilnadu Buildings (Lease and Rent Control) Act 1960 as amended by Act 23 of 1973.

(2.)The tenant has denied the allegations and he has further stated that he became a tenant on 01.08.1993 on a monthly rent of Rs. 4,250/- and paid an advance of Rs. 32,500/-. According to him, from 31.07.2004, the rent was Rs. 7,500/- and so far, he has paid a sum of Rs. 82,500/- towards rent, for a period of 11 months from September 2004 to July 2005 by cheque numbers 600656, 600657 and 621094 dated 28.02.2005, 06.03.2005 and 04.08.2005 respectively. The landlords have received the same and failed to present the first two cheques for Rs. 7,500/- each, for encashment for the reasons best known to them.
(3.)The tenant has further submitted that the landlords used to collect the rent through their agent and ever since 1993, the tenant has paid the rent, as and when it fell due, without any default. Suddenly, from September 2004 onwards, the landlords did not depute their agent to collect the rent and that is the reason, why the tenant was not able to pay the rent for few months, as and when it fell due. The tenant has further submitted that the landlords have not mentioned about the advance amount received by them under law and that they cannot receive more than one month rent as advance. According to the tenant, he cannot be termed as a defaulter.