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1981 Supreme(Mad) 532

S.MOHAN
Iqbal And Company, By Its Partner, A. Mohamed Hassim – Appellant
Versus
Abdul Rahim – Respondent


JUDGMENT

S. Mohan, J.

1. This is a very hard case and as the saying goes 'hard case makes bad law'. Both these revisions can be dealt with under a common order. The respondent herein filed H.R.C. No. 3328 of 1978 for eviction of the revision petitioner on three grounds, namely:

1. He wilfully defaulted in payment of rent for the period from 1st July, 1977 to 31st October, 1978;

2. For personal occupation; and

3. For demolition and reconstruction.

While that application was pending, the respondent took out M.P. No. 404 of 1980 under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act contending that the admitted rent had not been paid into Court and therefore the counter of the respondent in H.R.C. No. 3328 of 1978 could not be entertained. By an order, dated 22nd August, 1980, the Rent Controller allowed that petition and directed the revision petitioner to pay the respondent herein the rent due from 1st November, 1977 till date at the rate of Rs. 500 per month on or before 5th September, 1980 less admitted arrears of Rs. 3,500 paid, failing which all further proceedings will be stopped and that the revision petitioner will be directed to put the respondent herein in p
















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