The tenant in R.C.O.P.No.3163 of 1989 on the file of the Rent Controller-cum-XIV Judge, Court of Small Causes, Madras.

2. Theeviction petition is filed by Ciscons Builders and Engineers represented by partner G.Karnani through power of Attorney Agent Wilfred Harding. In that eviction petition, it was alleged contended that the tenant has committed wilful default in payment of rents from May, 1989 to August, 1989 amounting to Rs.18,025. Before initiating proceedings, a legal notice was also issued informing the tenant that he has not paid the rent.

3. In the counter-statement filed by the tenant, he admitted that he is a tenant and the monthly rent is Rs.5,175. He also contended that he has paid Rs.50,000 as advance and the same could be adjusted as and when the rent becomes due. On 27. 1990. M/s.Ciscons Builders and Engineers filed M.P.No.554 of 1990 under Sec.11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 hereinafter referred to as Act. In the affidavit filed in support of the said application, it was stated that an amount of Rs.72,450 is due from the tenant and after adjusting the advance of Rs.50,000 a sum of Rs.22,450 is still payable by the te