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1978 Supreme(Mad) 582

T.RAMAPRASADA RAO
P. Lachiram – Appellant
Versus
K. N. Kumaresan – Respondent


Advocates:
P. Muthukrishnan, for Petitioner.
P. Ananthakrishnan Nair and S. F. Rahuman, for Respondent.

JUDGMENT. — There is no error of jurisdiction in the order. Both the Rent Controller and the Appellate Authority went into the question in detail and found as to what was the amount payable by the tenant and after giving him sufficient opportunity to pay or to deposit the rent as determined (in this case it was not even disputed), the Rent Controller passed a final order directing the petitioner-tenant to put the landlord in possession of the building because of non-compliance. It is as against the concurrent findings of fact and the ultimate conclusions arrived at by the two Tribunals that the present Civil Revision Petition has been filed.

2. A proceeding under section 11(4) of the Act is intended to accelerate the long-drawn proceedings under the Tamil Nadu Buildings (Lease and Rent Control) Act. As eviction is possible in a case where the tenant commits wilful default in the payment of rents and particularly, after the recent amendment in 1973 explaining wilful default as meaning non-payment or tender of rent after the issue of a notice calling for such payment of rent by the landlord, the importance of section 11 (4) has to be brought to fight and in its true light. Section II






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