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1998 Supreme(Mad) 1181

P.D.DINAKARAN
Ayyamperumal – Appellant
Versus
Shaik Dawood Rowther – Respondent


Advocates:
for the Petitioner:-- for the Respondent:---

Judgment :

1. The above revision is directed against the order dated 22. 1994 made in R.C.A.No.8 of 1990 on the file of the learned Rent control Appellate Authority (Principal Sub Judge), Tiruchirapalli, confirming the order dated 30.11.1989 made in R.C.O.P.No.292 of 1982 on the file of the learned Rent Controller (3rd Additional District Munsif), Thiruchirapalli.

2. The unsuccessful landlord before the authorities below is the revision petitioner in the above revision who filed the above R.C.O.P. seeking eviction of the respondent-tenant under Sec.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, for an alleged wilful default in the payment of rent for 46 months, from 18. 1978 to 16. 1982 at the rate of Rs.100 per month.

3. The defence put forth by the respondent tenant for the said wilful default in paying the rent for 46 months for the period from 18. 1978 to 16. 1982, as weighed by the authorities below, are:

.(a) the revision petitioner-landlord was a borrower of money from the respondent-tenant and therefore, the rent payable during the said period were adjusted; and

.(b) the respondent-tenant was constrained to pay the property tax with respect to the p

















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