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1970 Supreme(Mad) 154

P.S.KAILASAM
K. N. Ramakrishnan – Appellant
Versus
C. Keral Chand – Respondent


Advocates:
K. Parasurama Iyer, for Petitioner; V. Sridevan. G. Masilamani and P. A. Deivasignam, for Respondents.

Judgement

ORDER :- The tenant under the Madras Buildings (Lease and Rent Control) Act, is the petitioner in this civil revision petition. He had taken on lease premises No. 49-A Upper Bazar, Ooty, on a rent of Rs. 35 per mensem. On 13-8-1965, the landlords issued a notice to the petitioner-tenant terminating the tenancy and calling upon him to pay Rs. 595 which was the amount due to them as rent. This notice was served on the petitioner-tenant on 18-8-1965. The petitioner-tenant gave a reply on 25-8-1965 in which he denied his liability to pay Rs. 595 and also contended that the notice was not in accordance with the provisions of S. 106 of the Transfer of Property Act On 17-1-1966, the landlords filed a petition for exiction of the petitioner-tenant on various grounds, namely, wilful default etc. "They claimed arrears of rent upto that date, Rs. 770. On 25-2-1966 an ex parte order was passed against the tenant. It was restored on 18-3-1966 and time was granted for filing written statement (counter). The petitioner-tenant filed the same on 4-4-1966. He did not deposit any amount; nor did he raise the question as to lack of proper notices under S. 106 of the Transfer of Property -Act.




















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