Judgment :- The petitioner/respondent/tenant has filed the Civil Revision Petition as against the order dated 15.02.2006 in M.P.No.857 of 2005 in R.C.A.No.498 of 2004 passed by the learned Appellate Authority viz., VII Judge, Small Causes Court, Chennai in directing the revision petitioner to deposit a sum of Rs.2,82,000/-being the rental arrears from March 2002 to January 2006 at the rate of Rs.6,000/-p.m. on or before13.03.2006, failing which, all further proceedings in R.C.A.No.498 of 2004 will be stopped and eviction will be ordered and further directing the matter to be called on 14.03.006. 2. The respondent/appellant/landlord has filed Rent Control Original Petition in R.C.O.P.No.2264 of 2002 on the file of the learned Rent Controller viz., XV Judge, Small Causes Court, Chennai under Sections 10(2)(i) & 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent) Control Act 18 of 1960 against the revision petitioner/tenant on the ground of willful default in payment of rent from 01.01.2002 to 310. 2002 for a period of ten months amounting to Rs.60,000/-and also on the ground of owners occupation, use and accommodation of the respondent/landlord and resultantly prayed for an order of eviction directing the revision petitioner to vacate and deliver the entire premises bearing Plot No.210, AP 770, Z Block, Anna Nagar, Chennai 40 on a day that may be fixed in that behalf by the learned Rent Controller. 3. 3. The revision petitioner/tenant has resisted the proceedings in R.C.O.P.No.2264 of 2002 by filing a detailed counter in and by which he has taken plea inter alia stating that he denies the averments of the respondent/landlord that he has in arrears of rent from November 2002 onwards and further mentioned that he has not paid only two months rent for the months of February and March 2003 and further he has also stated that he is ready and always willing to pay the rent from January 2003, but for the refusal on the part of the respondent/landlord, he has not paid and is also taking steps to deposit the same before the learned Rent Controller without prejudice to his contention and apart from the above he has taken a stand that the respondent/landlord is the owner of the premises No.56, Kalavai Chetty Street, Chennai wherein now he resides and also he is owning other premises and therefore the need for the premises for the landlords own use and accommodation is not bona fide and in short there is no wilful default on his part in payment of rent etc. 4. Before the learned Rent Controller on the side of the respondent/landlord, P.Ws.1 and 2 have been examined and Exs.P.1 to 14 have been marked. On the side of the revision petitioner/tenant, the tenant has been examined as R.W.1 and Exs. R.1 to R.3 have been marked. 5. The learned Rent Controller on an appreciation of oral and documentary evidence and after analysing the same has allowed the petition and ordered eviction on both grounds sought for by the respondent/landlord directing the revision petitioner/tenant to deliver the vacant possession of the revision petition mentioned premises within a period of two months. 6. Aggrieved against the said order passed by the learned Rent Controller in Rent Control Original Petition Proceedings in R.C.O.P. No.2264 of 2002 dated 16.02.2004, the revision petitioner/tenant has projected an appeal in R.C.A.No.498 of 2004 on the file of the learned VII Judge, Small Causes Court, Chennai. As on date, the said appeal in R.C.A.No.498 of 2004 is pending. 6. Aggrieved against the said order passed by the learned Rent Controller in Rent Control Original Petition Proceedings in R.C.O.P. No.2264 of 2002 dated 16.02.2004, the revision petitioner/tenant has projected an appeal in R.C.A.No.498 of 2004 on the file of the learned VII Judge, Small Causes Court, Chennai. As on date, the said appeal in R.C.A.No.498 of 2004 is pending. During the pendency of the said appeal, the respondent/landlord has projected M.P.No.857 of 2004 under Section 11(3) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 praying for a direction being issued to the revision petitioner/tenant to pay the admitted arrears of Rs.1,68,000/-and continue to pay the rent at Rs.6,000/-per month during the pendency of the appeal, failing which all further proceedings may be stopped and directing the eviction of the revision petitioner/tenant. 7. The revision petitioner/tenant has filed a counter in M.P.NO.857 of 2004 categorically mentioning that at the time of inception of the tenancy, he has paid Rs.50,000/-towards advance and a sum of Rs.6,000/-as monthly rent is being paid to the landlords brother V.K.Kanna Kumar, who is authorised to receive the rent from him and therefore the respondent/landlord is not entitled to maintain M.P.No.857 of 2004 and the respondent/landlords brother V.K.Kanna Kumar has been examined as P.W.1 before the learned Rent Controller in the Rent Control Original Petition proceedings and that he has admitted that he has received the advance amount of Rs.50,000/- and is also receiving the monthly rent and the respondent/landlord has filed Miscellaneous Petition No.777 of 2003 to examine himself as P.W.2 in the Rent Control Original Proceedings and the same has been dismissed on 04.01.2004 and therefore, the respondent/landlord is not entitled to sustain the petition and that the said petition is devoid of merits and further, the revision petitioner/tenant has filed an additional counter averring that the distress application filed by the respondent/landlord claiming the alleged arrears of Rent Rs.72,000/-for the period from 01.03.2002 to 20.02.2003 has been dismissed by the Registrar, Small Causes Court and it is an admitted fact that P.W.1 Mr.V.K.Kanna Kumar, brother of the respondent/landlord is in receipt of advance of Rs.50,000/- and the monthly rent from him and therefore the Miscellaneous Petition No.857 of 2004 is not maintainable in Law. 8. 8. The learned Appellate Authority viz., VII Judge, Small Causes Court, Chennai while passing orders in M.P.No.847 of 2004 in R.C.A.No.498 of 2004 on 15.02.2006 has among other things observed as follows: "During enquiry, the counsels for both the petitioner and respondent have filed Memo of Calculation of arrears of rent. As per the memo filed by the petitioner, the respondent is due of arrears from 3. 2002 to 38. 2005 for 42 months to the tune of Rs2,52,000/-. As per the the memo filed by the respondent, the respondent is in arrears for the period from 2. 2003 to 38. 2005 for 31 months totalling a sum of Rs.1,86,000/-less Rs.50,000/- advance paid, a sum of Rs.1,36,000/-as admitted arrears. But there is no evidence for the rental advance of Rs.50,000/-and also for the earlier period of default mentioned by the respondent. Hence the Memo filed by the respondent is rejected. According to the calculation memo of the petitioner, the respondent is liable to pay a sum of Rs.2,52,000/- towards arrears of rent till 31.08.2005. Adding the further accrued arrears till January 2006, the respondent is liable to pay a sum of Rs.2,82,000/-as rental arrears. " and resultantly directed the revision petitioner/tenant to deposit a sum of Rs.2,82,000/-being rental arrears from March 2002 to January 2006 at the rate of Rs.6,000/-per month on or before 13.03.2006 failing which all further proceedings in R.C.A will be stopped and that eviction will be ordered and directed the matter to be called on 14.03.2006. 9. " and resultantly directed the revision petitioner/tenant to deposit a sum of Rs.2,82,000/-being rental arrears from March 2002 to January 2006 at the rate of Rs.6,000/-per month on or before 13.03.2006 failing which all further proceedings in R.C.A will be stopped and that eviction will be ordered and directed the matter to be called on 14.03.2006. 9. According to the learned counsel for the revision petitioner/tenant, the order passed by the learned Appellate Authority viz., learned VII Judge, Small Causes Court in M.P.No.857 of 2004 dated 15.02.2006 is against the facts of the case and as the matter of the fact, the learned Appellate Authority has failed to consider the memo filed on behalf of the revision petitioner/tenant as admitted arrears of rent is Rs.1,36,000/-and moreover, the learned Appellate Authority should have dismissed the claim of the arrears of rent of Rs.2,52,000/-as disclosed in the memo filed by the revision petitioner/tenant and allowed the admitted arrears of rent of the revision petitioner/tenant and indeed, the learned Appellate Authority has given erroneous finding to the effect that "there is no evidence for the rental advance of Rs.50,000/-" which is incorrect and also that the distress application No.48 of 2003 filed by the respondent/landlord has been dismissed by the learned Registrar, Small Causes Court on 24.02.2004 in regard to the arrears of rent for the period from 01.03.2002 to 28.02.2003 and when P.W.1 Mr.V.K.Kanna Kumar viz., the brother of the respondent/landlord himself has admitted that he has received advance amount of Rs.50,000/- the incorrect finding rendered by the learned Appellate Authority in the impugned order in M.P.No.857 of 2004 is contrary to the material available on record and in short the impugned order passed in M.P.No.857 of 2004 suffers from serious infirmity and patent illegality which need to be rectified by this Court by means of allowing the Civil Revision Petition in furtherance of substantial cause of justice. 10. Earlier, this Court has passed an order on 09.03.2006 granting interim stay on condition that the revision petitioner/tenant deposits the admitted arrears of Rs.1,36,000/- before the learned Rent Controller and also has given a direction to the revision petitioner to continue to deposit the admitted rent every month before the learned Rent Controller and six weeks time has been granted to make such deposit, failing compliance, the interim stay granted will stand automatically vacated without further reference to this Court. It is brought to the notice of this Court on behalf of the revision petitioner that the revision petitioner/tenant has deposited a sum of Rs.1,36,000/- being the admitted arrears of rent amount to the credit of the Rent Control Original Petition in R.C.O.P.No.2264 of 2002 on the file of the XV Judge, Small Causes Court, Chennai on 19.04.2006. Apart from the above in C.M.P.Nos.3651, 6350 and 8675 of 2006 and V.C.M.P.No.179 of 2006 in present C.R.P.No.498 of 2006 which have been taken out by the respective parties to the revision, this Court has passed an order which is as follows: "2. C.M.P.No.8675 of 2006 is filed by the respondent/landlord seeking permission to withdraw a sum of Rs.1,54,000/-lying to the credit of Rs.R.C.O.P.No.2264 of 2002 on the file of XV Judge, Court of Small Causes at Chennai. It is now stated by the learned counsel for the petitioner that only a sum of Rs.1,46,000/-is available. This petition is ordered and the respondent/landlord viz., V.K.Harishankar is permitted to withdraw the amount available to the credit of R.C.O.P.No.2264 of 2002. In view of this, there is no necessity to pass any order in V.C.M.P.No.179 of 2006 and the same is dismissed. Consequently, interim stay is made absolute. 3. Another application in C.M.P.No.6350 of 2006 is also taken up for fixing an early date of disposal of the main revision petition. In view of the request made for early disposal and the interim order has not been vacated, Registry is directed to post the main revision petition for final disposal on 29.08.2006 before the concerned Court." 11. A memo of calculation has been filed on behalf of the revision petitioner/tenant stating that as on 310. 2009 a sum of Rs.72,000/-is admitted arrears and the details of the same are stated thus: "Monthly rent Rs.60,000/-Advance paid Rs.50,000/-Distress Application No.48 of 2003 filed by the respondent/tenant for the period from 3. 2002 to 22. 2003 for arrears of rent, Dismissed on 24. 2004. Admitted arrears as per RCOP Counter para 6 for the period from 2. 2003 to 38. 2005 31 months x Rs.6,000/- Rs.1,86,000/-Advance paid Rs. 50,000/- Rs.1,36,000/- As per order dated 3. 2006 CMP No.3651/2006 paid on 19.04.2006 Rs.1,36,000/- Arrears paid from 11. 2006 to 312. 2008 26 months x Rs.6,000/- Rs.1,52,000/- Paid on 2. 2009 by DD No.126782-Cash Rs. 4,000/- Rs.1,56,000/- Rent paid for the period from 1. 2009 to 35. 2003 to 38. 2005 31 months x Rs.6,000/- Rs.1,86,000/-Advance paid Rs. 50,000/- Rs.1,36,000/- As per order dated 3. 2006 CMP No.3651/2006 paid on 19.04.2006 Rs.1,36,000/- Arrears paid from 11. 2006 to 312. 2008 26 months x Rs.6,000/- Rs.1,52,000/- Paid on 2. 2009 by DD No.126782-Cash Rs. 4,000/- Rs.1,56,000/- Rent paid for the period from 1. 2009 to 35. 2009 5 months x Rs.6,000/- Rs. 30,000/- Admitted amount liable to pay: For the period from 9. 2005 to 33. 2006 7 months x Rs.6,000/- Rs. 42,000/- For the period from 6. 2009 to 310. 2009 5 months x Rs.6,000/- Rs. 30,000/- Rs. 72,000/- As on 310. 2009 admitted arrears Rs. 72,000/-". 12. Per contra, the respondent/landlord has filed a memo of calculation dated 110. 2009 and the same enjoins as follows: Monthly rent Rs.6,000/-Arrears due from 01.01.2002 to 31.08.2009 in all for 92 months Rs.5,52,000/- Amount received from court deposit Rs.1,36,000/- Balance Rs.4,16,000/- Rent paid by tenant Rs. 36,000/- Rs. 3,80,000/- Amount received through the counsel for the Respondent/Petitioner by DD No.126782 dated 02.02.2009 Rs.1,52,000/- Balance Rs.2,28,000/- Amount received through the counsel for the Respondent/Petitioner by cash Rs. 4,000/- Balance Rs.2,24,000/- Amount paid on 10.02.2009 by DD-Rs.6,000/- Amount paid on 11.03.2009 by DD-Rs.6,000/- Amount paid on 13.04.2009 by DD-Rs.6,000/- Amount paid on 14.05.2009 by DD-Rs.6,000/- Amount paid on 29.06.2009 by DD-Rs.6,000/-Rs. 30,000/- Balance arrears of agreed rent Rs.1,94,000/- Cheque dated 5.07.2009 for Rs.6,000/- and cheuqe dated 10.08.2009 for Rs.6,000/- dishonoured Fair rent fix by Court at Rs.16,308/- payable From 24.04.2006 and monthly agree rent is R.6,000/- and the difference in rent is from 24. 2006 to 31.08.2009 Rs.4,14,727/- Total arrears due Rs.6,08,727/- .13. However, the learned counsel for the respondent/landlord submits that if the arrears of rent is calculated as per the agreed monthly rent of Rs.6,000/- then the amount comes to Rs.1,94,000/- as on 31.08.2009. Further, if the arrears of rent is calculated as per the fair rent fixed by the learned Rent Controller at the rate of Rs.16,308/- per month from 24.04.2006 then the difference in rent at the rate of Rs.10,308/- per month come to Rs.4,14,727/- representing the period from 24.04.2006 to 31.08.2009 and the total arrears due comes to Rs.6,08,727/-. 14. At this juncture, the learned counsel for the respondent/landlord brings to the notice of this Court that the cheque dated 11. 14. At this juncture, the learned counsel for the respondent/landlord brings to the notice of this Court that the cheque dated 11. 2009 for Rs.6,000/-and another cheque dated 10.08.2009 for Rs.6,000/- given by the revision petitioner/tenant have been dishonoured. 15. In the counter to C.M.P.No.1601 of 2009 filed by the revision petitioner/tenant, it is mentioned that while he is tendering deposit of rent for the month of November 2006 and December 2006 before the learned Rent Controller in January 2007, the Treasury, the learned Rent Controller refused to receive the two months rent, unless the order of this Court is not obtained in the matter in issue and therefore, he has filed the petition in C.M.P.No.1222 of 2007 on 31.07.2007 for permission to deposit the rent of November, 2006 and December 2006 and continue to deposit the same to the credit of Rent Control Original Petition No.2264 of 2002 and this Court by an order dated 19.01.2009 in C.M.P.No.1222 of 2007 has directed the revision petitioner/tenant to pay the arrears to the respondent/landlord and as per the said order, the revision petitioner/tenant has paid a sum of Rs.1,52,000/- by way of Demand Draft dated 02.02.2009 No.126782 drawn on ICICI Bank Ltd., Purasaiwalkam branch, Chennai 600 084 and Rs.4,000/-by way of cash amounting to Rs.1,56,000/-to the learned counsel for the respondent/landlord on 03.02.2009 and he paid admitted arrears for the period from November 2006 to December 2008 for 26 months and he is not liable to pay a sum of 1,94,000/- as arrears of rent as per the Memo of calculation filed by the respondent/landlord. The respondent/landlord has calculated arrears rent for the period from 24.04.2006 to 31.08.2009 as per the fair rent and according to him, the admitted arrears of rent is Rs.72,000/- for the period from 01.04.2006 to 310. 2006, which he is liable to pay as on 310. 2009. .16. It is to be pointed out that in the Memo of calculation filed by the revision petitioner/tenant, he had deducted a sum of Rs.50,000/-which has been paid as an admitted advance and has finally arrived at the admitted arrears of Rs.72,000/-as on 310. 2009. 2006, which he is liable to pay as on 310. 2009. .16. It is to be pointed out that in the Memo of calculation filed by the revision petitioner/tenant, he had deducted a sum of Rs.50,000/-which has been paid as an admitted advance and has finally arrived at the admitted arrears of Rs.72,000/-as on 310. 2009. But it is significant for this Court at this stage to point out that Section 7(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 speaks about the payment of "premium or other like sum" and only a sum which resembles to what is comprehended by the words premium will come within the ambit of the "premium or other like sum" When the amount is paid by way of advance is to be kept by him to be adjusted or to be refunded to the revision petitioner/tenant only on bearing in mind of tenancy and therefore, the revision petitioner/tenant cannot show a sum of Rs.50,000/-in his calculation Memo and deduct the same from the admitted arrears of rent to be paid by him as on 310. 2009. 17. Therefore, the calculation in regard to the admitted arrears as claimed by the revision petitioner/tenant according to his calculation Memo comes exactly to Rs.1,22,000/-(Rs.72,000/- + Rs.50,000/-). While it is being so, the learned counsel for the respondent/landlord vehemently contends that if the arrears of agreed rent is calculated for the period from 01.01.2002 to 31.08.2009 in all for 92 months etc., after deducting the amount paid by him, it will come to Rs.1,94,000/- and the revision petitioner/tenant in any event is liable to pay this amount to the respondent/landlord and the revision petitioner/tenant in any way cannot wriggle out of the predicament which he has committed. 18. Countering the submission of the learned counsel for the respondent/landlord in this regard, the learned counsel for the revision petitioner/tenant submits that this sum of Rs.1,94,000/- itself is not disputed and the same is a subject matter of issue pending before the learned Appellate Authority viz., VII Judge, Small Causes Court, Chennai in R.C.A.No.498 of 2004. .19. 18. Countering the submission of the learned counsel for the respondent/landlord in this regard, the learned counsel for the revision petitioner/tenant submits that this sum of Rs.1,94,000/- itself is not disputed and the same is a subject matter of issue pending before the learned Appellate Authority viz., VII Judge, Small Causes Court, Chennai in R.C.A.No.498 of 2004. .19. On a careful consideration of the respective contentions and also taking note of the Memo of calculation filed by the respective parties and bearing in mind the matter of fact that in view of the divergent stand taken by the parties in regard to the arrears of agreed rent and also cause of the another fact that R.C.A.No.498 of 2004 is pending adjudication before the learned Appellate Authority, this Court on the basis of "Equity, Fair Play and Good Conscience and even as the matter of prudence and also taking note of the decision of this Court in M/S.GURU ASSOCIATED, REP. BY ITS PARTNER MR.LALITHAKUMAR JAIN & LALITHAKUMAR JAIN VS. B.A.BALASUBRAMANIAN (2003-3-L.W.634) directs the revision petitioner/tenant to pay the agreed arrears rent as per the Memo of calculation filed by the respondent/landlord which comes to Rs.1,94,000/-(Rupees One Lakh Ninety Four thousand only) to the learned counsel for the respondent/landlord directly within a period of six weeks from the date of receipt of a copy of this order. 20. The Registry is directed to list the matter thereafter. In the event of the revision petitioner/tenant/ failing to comply with the order passed by this Court referred to supra, this revision petition will stand dismissed automatically without any further reference to this Court.