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1982 Supreme(Mad) 356

MOHAN
Rajeswari – Appellant
Versus
Vasumal Lalchand – Respondent


Advocates:
G. Natarajan and K.B. Kannan, for Petitioner; G. Nandalal, Prakash Goklaney, G. Nagasami and M. Gomathi, for Respondent.

Judgement

ORDER :- The landlady is the revision petitioner, who filed an application for eviction of the respondent from the petition mentioned premises on the ground that he had committed wilful default in the payment of rent for the period commencing from 1st February, 1976 to 30th June, 1976. The application for eviction itself came to be filed on 27th July, 1976. In August 1976, the respondent sent a money-order. That money-order having been refused a demand draft was sent on 25th August, 1976, which was received by the landlady on 30th Aug., 1976. Under these circumstances, the plea of the tenant that he had not committed wilful default in the payment of rent since the payment had later been accepted, was rejected by the Rent Controller and he held that whatever might have been the subsequent conduct of the tenant, in so far as absolutely no explanation was offered for the non-payment of rent for the period covered by the application for eviction, it was supine or callous in difference on the part of the tenant. Therefore the Rent Controller ordered eviction under S.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act. On appeal by the tenant, the Appellate Authori



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