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1993 Supreme(Mad) 867

THANIKKACHALAM
M. K. Ramaswamy – Appellant
Versus
A. Krishna Menon – Respondent


Advocates:
K.Venkataraman for V.Nicholas, for Petitioners. K.Balasubramanian for M.B.Daminique, Miss Deviagegarajan for R.G.Rajan, for Respondents.

Judgment :-

C.R.P.No.3283 of 1987 is directed against the order passed in R.C. A.No.95 of 1985 which in turn arose out of the order passed in R.C.O.P.No.9 of 1981. C.R.P.No.3284 of 1987 is directed against the order passed in R.C.A.No.96 of 1985 which in turn arose out of the order passed in R.C.O.P.No.7 of 1981. The tenants are the petitioners herein. The landlord filed petitions for eviction against both the tenants under Sec.l0(2)(i) and Sec.l4(l)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23 of 1971 hereinafter referred to as the Act. According to the landlord, the tenant in C.R.P.No.3283 of 1987 committed wilful default in payment of rent upto 312. 1980 for a period of 11 months at the rate of Rs.85 per mensem amounting to Rs.1,020 and therefore he is liable to be evicted under Sec.l0(2)(i) of the Act. So also the tenant in C.R.P.No.3284 of 1987 committed wilful default in payment of rent upto 312. 1980 for a period of 11 months at the rate of Rs.55 per mensem amounting to Rs.660. Therefore, he is also liable to be evicted under Sec.l0(2)(i) of the Act. According to the landlord the tenants filed petitions under Sec.8(5) of the Act to de























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