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1975 Supreme(Mad) 341

SETHURAMAN
N. A. Karim Sait (decd. ) – Appellant
Versus
Hyath Basha – Respondent


Judgement

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 Chetti Road, T. Nagar, Madras, consisting of 6 rooms, verandah and a hall on a monthly rent of Rs. 225. Alleging that he had defaulted in payment of rent and had sublet the premises without the consent of the landlord, proceedings 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 1-4-1967 to 31-10-1968. The total amount claimed is Rs. 2025.

2. The defence was that the defendant had vacated the portion in his occupation on 1-3-1966, that he had sent a notice to that effect on 25-3-1966 and that he was not liable to pay any rent subsequent to 1-3-1966. 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, found that the defendant had sur


























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