The Judgment in RCA.No.133 of 2005 on the file of the Rent Control Appellate Authority / Court of II Additional Subordinate Judge, Coimbatore, is under challenge in this Revision. RCA.No.133 of 2005 had arisen out of the order of eviction in RCOP.No.322 of 2000 on the file of the Court of I Additional District Munsif (Rent Controller), Coimbatore.
2.According the Landlords / Petitioners in RCOP.No.322 of 2000, the tenant / revision petitioner herein had committed wilful default in payment of rent for eight months on the date of filing of the petition. Hence, the landlords had filed RCOP.No.322 of 2000 under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act. In the counter the tenant would contend that he has not committed wilful default. The learned Rent Controller after considering both the oral and documentary evidence let in by both sides has come to a conclusion that the landlord is entitled to get vacant possession of the petition scheduled premises since the tenant has committed wilful default in payment of the rent for 35 months. Aggrieved by the findings of the learned Rent Controller the tenant had preferred an appeal in RCA.No.133 of 2005 before the learned Rent Control Appellate Authority, who after giving due deliberations to the submissions made by the learned counsel on both sides finding no ground to interfere with the findings of the learned Rent Controller, has dismissed the appeal thereby confirmed the orders of the learned Rent Controller, but giving two months time to the tenant to vacate and handover vacant possession of the petition scheduled premises, which necessitated the tenant to approach this Court by way of this revision.
3.When the Revision was taken up for hearing the learned counsel appearing for the respondents / landlords would state that even after the filing of the revision, the tenant has not paid the rent due to the landlords and he is continuously committing wilful default in payment of rent to the respondents / landlords. There is no material placed before this Court on the side of the revision petitioner to show that he had paid the rent upto date without committing any default even after filing of the Revision. Further, there is no material to show that the Courts below have rendered a finding perverse or without considering materials placed before them. Under such circumstances, I do not find any reasons to interfere with the concurrent findings of the Courts below.
4.In fine, the Civil Revision Petition is dismissed. The Tenant/Revision Petitioner is given two months time to vacate and handover vacant possession of the petition scheduled premisses from today. The Revision petitioner shall file affidavit of undertaking within a week. No costs. Connected Miscellaneous Petitions are closed.
ssv To,
1.The II Additional Subordinate Judge, Coimbatore.
(Rent Control Appellate Authority)
2.The I Additional District Munsif, (Rent Controller) Coimbatore