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1975 Supreme(Mad) 338

V.SETHURAMAN
H. A. Karim Sait (deceased) and others – Appellant
Versus
Myath Basha – Respondent


Advocates:
A.N. Rangaswami and B.3. Sathianarayanan, for Appellant.
K. Venkateswara Rao and G.R.S. Chandar Rao, for Respondent.

JUDGMENT.- These three appeals arise out of a common judgment of the principal Judge, City Civil Court, Madras, in the three appeals before him. The defendant in the trial Court was a tenant of the residential back portion in premises No. 3, Gopathi Narayanaswami Chetty Road, T. Nagar, consisting of 6 rooms, verandah and a hall on a monthly rent of Rs. 225 per mensem. Alleging that he had defaulted in payment of rent and had sub-let the premises without the consent of the landlord, proceedins, under the House Rent Control Act were taken against him. The defendant remained ex parte and eviction was ordered. The plaintiffs took possession on 31st October, 1968, and three suits were filed for recovery of the rent from 1st April, 1967 to 31st October, 1968. The total amount claimed is Rs.2,025.

2. The defence was that the defendant had vacated the portion, in his occupation on 1st March, 1966, that he had sent a notice to that effect on 25th March, 1966, and that he was not liable to pay any rent subsequent to 1st March, 1966. There are certain other allegations which are not material for our present purpose.

3. The Assistant Judge, City Civil Court who tried all the three suits together





























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