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2003 Supreme(Mad) 1721

PRABHA SRIDEVAN
M. Salem – Appellant
Versus
Josephine Mary – Respondent


Advocates Appeared:For the Petitioner:Mr. T. Dhanyakumar, Advocate. For the Respondents: M/s. G.M. Mani Associates.

Judgment :-

The tenant has filed these revisions. Originally, the respondent filed for eviction on five grounds viz., wilfuldefault, sub-letting, acts of waste, change of user and denial of title. The respondent did not press the grounds of subletting and change of user. The Rent Controller granted eviction on the remaining three grounds viz., wilful default, acts of waste and denial of title. The Appellate Authority confirmed the order of eviction only on the ground of wilful default and denial of title. The arguments advanced by the counsel were only on the ground of wilful default, and acts of waste.

2. The quantum of rent itself is in dispute. According to the petitioner, the rent payable is Rs.1,500/-. According to the respondent, it is Rs.2,000/-. The period of default is from September 1997 to January, 1998. Admittedly, the respondent has received an advance of Rs.35,000/-. It is the case of the petitioner that originally, at the commencement of the tenancy, which is 15.2.1989, the rent was fixed at Rs.1,000/-. Thereafter, on 5.6.1992, it was increased to Rs.1,200/-. In March 1996, it was increased to Rs.1,500/-. According to the petitioner, thereafter, there was no increase































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