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1999 Supreme(Mad) 2838

K.SAMPATH
Subbiah – Appellant
Versus
Gopalakrishna Naidu – Respondent


Advocates:
Mr.S.K. Rakunathan, Advocate for Petitioner. Mr.K. Kannan, Advocate for
Respondent.

Judgment :

1. The tenant is the revision petitioner. The respondent/landlord sought his eviction on the ground of wilful default in the payment of rent.

2. The averments made in the petition for eviction are as under:

The rent for the premises was Rs.90 per month originally. The respondent/landlord filed RCOP No./66/1989 before the Rent Controller, Cuddalore, on 211. 1989, for fixation of fair rent. The fair rent was fixed at Rs.155 per monthly with effect from the date of petition. The respondent/landlord filed an appeal against the orders but the revision petitioner/tenant did not prefer any appeal, The petition for eviction was being filed without prejudice to the rights of the respondent to get any enhanced amount of fair rent. The tenant had always been in persistent default in the payment of rent. There was an earlier petition for eviction filed against the tenant on the ground of wilful default and the same was pending before this Court in revision at the time of filing the eviction petition. The tenant had not paid the rent for September and October, 1989. He started depositing the rent at Rs.90 per month from December, 1989. On 19. 1991, the landlord issued a notice appr






















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