J JERMONS Vs. ALIAMMAL

JUDGEMENT

(1.) This appeal arises from the common order of the High Court of Madras in CRP Nos. 1582, 1705/93 and CMP No. 13064/96 in CRP No. 1705/93 passed on March 27, 1997 (reported in 1997 AIHC 2849). The appellant is the tenant and the respondents are the landlords of the cycle shop bearing No. 70, Main Road, Eruvadi (hereinafter referred to as 'the premises').

(2.) The appellant took the premises on monthly rent of Rs. 60/- from one Shahul Hameed, predecessor-in-interest of the respondents, in 1974. On March , 1979, the appellant was served with a prohibitory order by the Tax Recovery Officer, Income-tax Department, Tirunelveli, which was followed by another order issued by the same authority under Section 226(3) of the Income-tax Act on January 18, 1988. From the date of service of the prohibitory order the appellant stopped payment of monthly rent to the respondents. But on receiving the notice on January 18, 1988, he paid rent for the entire period to the Tax Recovery Officer.

(3.) On the ground that the appellant had committed wilful default in payment of rent for the periods:(A) March 6, 1979 to February 24, 1988 and (B) February 24, 1988 to February 15, 1990 and on the ground that he required the premises for his own use and occupation, the said Shahul Hameed (landlord) filed R.C.O.P. No. 2 of 1990 for eviction of the appellant (tenant) before the Rent Controller (District Munsiff Court), Valliyur under Sections 10(2)(i) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (for short 'the Act') on August 17, 1990. The appellant contested the petition denying the pleas of wilful default in payment of rent as well as of personal requirement of the landlord. The learned Rent Controller dismissed the petition on April 30, 1991. Aggrieved thereby, the respondents filed R.C.A. No. 43 of 1991 before the Appellate Authority, Tirunelveli. In appeal, it was held that the ground of bona fide requirement of the respondents-landlords was not proved; however, the ground of wilful default in payment of rent was found against the appellant-tenant and accordingly eviction of the appellant was ordered on April 12, 1993. Against that order both the appellant and the respondents filed Revisions before the High Court - CRP No. 1582 of 1993 was filed by the appellant and CRP No. 1705 of 1993 was filed by the respondents. In their C.R.P. the respondents filed CMP No. 13064 of 1996 seeking permission to amend the grounds of revision and to raise the additional ground under Section 10(3)(c) of the Act for additional accommodation. The petition was opposed by the appellant. However, the High Court allowed the CMP. In the CRPs it was held that the appellant committed wilful default in payment of rent and the additional ground under Section 10(3)(c) was established. Thus, the High Court confirmed the order of eviction by the common order, referred to above. It is against that order, the present appeal is filed by special leave.