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1981 Supreme(Mad) 462

T.N.SINGARAVELU
A. Soundarapadian Nadar – Appellant
Versus
S. Madasamy Mudaliar – Respondent


JUDGMENT

T.N. Singaravelu, J.

1. This is a revision petition directed against the order of eviction passed by the Rent Controller and confirmed by the Appellate Authority. The respondent-landlords filed the petition for eviction of the petitioner-tenant on three grounds, namely, wilful default in payment of rent, subletting the premises and requirement for their own use and occupation. The Rent Controller accepted the plea that there was wilful default, but rejected the other two grounds and ordered eviction on the first ground. The Appellate Authority has confirmed the finding with reference to willful efaultand dismissed the appeal preferred by the tenant. Hence the revision.

2. The point that arises for consideration is whether the tenant has committed wilful default in payment of rent. The rent for the premises is Rs. 1 75 per mensem and the tenancy commenced on 1st June, 1974. It is common ground that the tenant paid a heavy advance of Rs. 5,240 and later, a sum of Rs. 2,000 out of the advance Was repaid for the purpose of electrification and making improvements in respect of the building. It was a greed that the balance was to bead justedat threat of Rs. 50/- per mensem in the r







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