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1995 Supreme(Mad) 252

S.S.SUBRAMANI
Nelson and Another – Appellant
Versus
P. Ranganathan Mudaliar – Respondent


Appearing Advocates:R. N. Amarnath, M. N. Padmanabhan, Advocates.

Judgment :-

Tenant in R.C.O.P. No. 23 of 1986; on the file of the Rent Controller, Vellore, , is the revision petitioner.

2. The respondent filed eviction petition against the petitioners on the ground that the petitioner has committed wilful default in paying the rent.

3. The material averments are as follows:

The agreed rent as per the rent deed executed by the petitioner was Rs. 5, 000/- per mensem. But the respondent herein filed R.C.O.P. No. 37 of 1980 before the Rent Control Court, Vellore, for fixation of fair rent. The application was filed on 10-3-1980. On 30-1-1982, the Rent Controller fixed the fair rent at Rs. 1050/- per mensem. Against the decision, two appeals were filed before the Appellate Authority as C.M.A. Nos. 63 and 64 of 1982. Both the appeals were heard jointly and the Appellate Authority modified the order on 5-1-1985 and fixed the fair rent at Rs. 1, 100/-. Against the decision the tenant filed C.R.P. No. 2437 of 1985, and, as per Ex.B.4 dated 29-7-1985, the operation of the judgments and decreed in R.C.O.P. No. 37 of 1980 and R.C.A. No. 64 of 1982 were stayed by this Court. The stay order was in force till the revision was finally disposed of by this Court. T















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