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1985 Supreme(Mad) 301

K.M.NATARAJAN
K. Mohideen Sahib – Appellant
Versus
Theodre Samuel – Respondent


JUDGMENT

K.M. Natarajan, J.

1. The unsuccessful tenant is the petitioner. The respondent herein filed a petition for eviction under Section 10 (2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), for eviction of the petitioner herein, on the ground of wilful default. The case of the respondent is that he let out the petition-mentioned premises to the petitioner on a monthly rent of Rs. 75/- and that the petitioner has not paid rent from January, 1981 onwards and thus has committed wilful default in payment of rent for the period from January 1981 to June, 1981. It is further alleged that the petitioner in order to cover up his default caused a notice dated 20.6.1981 to be issued to the respondent, on false and untenable grounds calling upon the respondent to specify a Bank in which the rents have to be deposited. In reply, the respondent directed the petitioner to deposit the rents in the Current Account in the Grindlays Bank, N.S.C. Bose Road. But the petitioner has not chosen to deposit the rent in the J Bank. The petitioner herein contended that he has been regularly paying rent, that it was the respondent who refused to receive rent, that the respondent







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