Judgment

JUDGMENT:- The appellant Kasturchand challenges the judgment of the Madras High Court in C.R.P. No. 158 of 1982 whereby the High Court confirmed the concurrent findings of the courts below. All the courts have held that the appellant is liable to be evicted from the premises on the ground of default in payment of rent.

2. The case of the respondent is that the premises had been let out by him to the appellant in May 1978 on a rent of Rs. 2,500/- per month. The appellant defaulted payment as a result of which the petition for eviction was lodged. The sole contention of the appellant in answer to the eviction petition was that he was not the tenant, but Dhanalakshmi Social Club was in fact the tenant. The eviction petition having not been brought against the real tenant, the appellant contended, it was unsustainable. He did not, however, raise any other contention.

3. The trial court accepted the contentions of the landlord and ordered eviction on the ground of default. The trial court found that the appellant Kasturchand was the tenant of the premises. All cheques in payment of rent were paid by him in his personal capacity. Receipts were issued to him, and the counterfoils of