SRINIVASAN
S. Sahabudeen represented by his power of attorney S. Mohammed Mansoor – Appellant
Versus
Muniammal – Respondent
This is a petition filed by the tenant against the Order of eviction passed by the appellate authority, viz. VIII Judge, Court of Small Causes, Madras. The appellate authority has reversed the Order of the Rent Controller, XI Judge, Court of Small Causes, Madras, dismissing the petition for eviction filed by the respondent/landlady.
2. The only ground of eviction is wilful default in payment of rent for the period from June, 1983 to September, 1984. The agreed rent is Rs.145 per mensum. It is not in dispute that the landlady had received a sum of Rs.3,000 by way of advance to be returned at the time of vacating the premises after the expiration of the tenancy. The tenant contended that he was paying rent regularly from the inception of the tenancy and also for the period of question. According to him, the landlady used to issue receipts every month and she did so upto May, 1983, but she stopped issuing receipts from June, 1983, though rent was being paid regularly, the landlady wanted the tenant to pay a sum of Rs.10,000 by way of advance in order to meet her commitments, as the tenant failed to pay the said sum, the landlady took advantage of the non-issue of rental rec
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