2002 3 SCR 460 The following Order of the Court was delivered These are tenants appeals by Special Leave against whom a decree for eviction from the suit premises has been passed on the ground available under clause i of sub Section 2 of Section 10 of the Tamil Nadu Buildings Lease and Rent Control Act, 1960 hereinafter the Act, for short .
On 26.3.1990, The landlord served a numberice on the tenant demanding rent for the months of January to March, 1990 and also the amount of taxes due and payable by the tenant, as stated hereinabove.
The tenant did number pay the rent due and payable for the months of January, February and March, 1990.
The premises are held by the tenant under a written companytract of lease dated 1.1.1988 whereby the rent for the premises has been agreed to at Rs.
The tender was refused by the landlord on the ground that it was deficient, and hence, number a valid tender.
111 for the years 1987 1988, 1988 1989 and 1989 1990.
The tenant had also number paid the amount due and payable on account of property tax Rs.
60 per month, though, so far as the stipulation to pay the amount of property tax is companycerned, it was the same and had remained unaltered.
On renewal of lease, under the deed dated 1.1.1989 in substance the change was brought about only in the rate of monthly rent.
Here, it may be stated that even prior to 1.1.1989, the tenant was holding the premises under a previous deed of leases, the only difference being that earlier the rate of rent was Rs.
Having awaited for a period of two months, i.e., the period of numberice, the landlord initiated proceedings for eviction.
Over and above, the amount of rent, the tenant has agreed to pay to the landlord a sum of Rs.
111 equivalent to one half of the annual property tax payable in the respect of the property.
100 per month.
The relevant facts are number in companytroversy.
