Madras High Court
Rajalakshmi vs Sri Vasavi Kanniga Parameswari ... on 6 November, 2024
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
C.R.P.[NPD].No.3015 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.R.P.[NPD].No.3015 of 2024
&
CMP.No.16214 of 2024
Nadarajan [died]
1. Rajalakshmi
2. Rajesh
3. Rajeswari . . . Petitioners
Versus
Sri Vasavi Kanniga Parameswari Devasthanam,
Rep. by its President, Mr.Rajendran
Kamatchiamman Koil Street, Pondicherry. . . . Respondent
PRAYER : Petition filed under Article 227 of Constitution of India to set aside the
decree and judgment dated 18.04.2024 in R.C.A.No.12 of 2019 against
H.R.C.O.P.No.54 of 2024 on the file of the III Additional District Judge,
Pondicherry confirming the judgment and decree dated 17.04.2018 in
H.R.C.O.P.No.54 of 2004 on the file of the Rent Controller I, at Puducherry.
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C.R.P.[NPD].No.3015 of 2024
For petitioners : Mr.T.Mathi
For respondent : Mr.Anirudh Krishnan
ORDER
Challenge has been made against the decree and judgment of the appellate
authority dated 18.04.2024 in R.C.A.No.12 of 2019 against H.R.C.O.P.No.54 of
2024 on the file of the III Additional District Judge, Pondicherry confirming Order
of eviction by the Rent Controller dated 17.04.2018 in H.R.C.O.P.No.54 of 2004
on the file of the Rent Controller I, at Puducherry.
2. The petitioner was a tenant under the respondent as per the agreement
dated 01.01.1999. The rent agreed to be paid was Rs.750/- per month and the
same shall be paid on before fifth of every month. Thereafter, the rent has been
enhanced to Rs.1250/-. As the petitioner has not paid the rent from June 2002 till
March 2004, eviction is sought before the Rent Controller on the ground of willful
default.
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3. It is the stand of the petitioners that they had paid an advance of
Rs.25,000/-. The petitioners have also disputed enhancement of rent to Rs.1250/-.
It is their contention that since the advance amount is already with the respondent,
there cannot be any willful default. The Rent Controller as well as the appellate
authority have come to the conclusion that the rent of Rs.1250/- per month has not
been paid regularly from the year 2004 and hence, Ordered eviction of the
petitioner. Challenging the same, the present revision petition has been filed.
4. It is the contention of the learned counsel for the petitioners that the
second petitioner is a widow and at any event, the respondent is leasing out the
property to the third party and the petitioners are also willing to pay the rent and
they may be continued to be a tenant. It is the contention of the petitioners that
during the pendency of the present Civil Revision, rents have paid as per the
direction of this Court. Therefore, non payment of rent for certain period will not
amount to willful default.
5. I have perused entire materials. Admittedly, as per the direction of this
Court, the petitioners have paid a sum of Rs.1,50,000/- within a day. The same
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clearly indicate that the petitioner has capacity to mobilize funds. The fact remains
that the petitioner has not paid monthly rent of Rs.1250/- regularly from the year
2004. When the tenant has not paid rents regularly for several months, it cannot
be said that such default will not amount to willful default. When the rent has
been withheld or not paid for may years, merely some rent has been paid as per the
direction of the Court, it cannot be said that there is no willful default on the part
of the petitioner. Hence, I do not find any merits in the Order of the appellate
authority confirming Order of eviction by the Rent Controller.
6. Accordingly, this Civil Revision Petition is dismissed. Consequently,
connected miscellaneous petition is closed. The petitioner is directed to vacate the
premises within two month from today. No costs.
06.11.2024
Index : Yes / No
Internet: Yes
Speaking/non speaking order
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N. SATHISH KUMAR, J.
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06.11.2024
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