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1994 Supreme(Mad) 415

THANIKKACHALAM
A. P. Swamy – Appellant
Versus
V. Kunjilhapadam – Respondent


Advocates:
K.P.H. Thulasiraman, for Petitioner. P. Krishnaswami for C.Ramesh, for Respondent.

Judgment :

The tenant is the petitioner herein. The landlord filed a petition for eviction under Secs.l0 (2)(l) and 10(3)(a)(iii)of the Tamil Nadu Buildings (lease and Rent Control) Act, 1960, as amended by Act 23 of 1973 (hereinafter referred to as ‘the Act’) The respondent herein is the owner of the premises bearing door No.227, Avvai Shanmugham Road, Madras. The petitioner herein is the tenant in occupation of the ground floor portion of the said premises including one car shed on a monthly rent of Rs. 1,000 which was increased to Rs.2,260 per month under an order passed by the Rent Controller in R.C.O.P. No.4216 of 1984 dated 19. 1988. According to the landlord the tenant committed wilful default in payment of rent at the admitted rate of Rs. 1,000 per month from 7. 1988 to the end of August, 1989. According to the landlord the tenant also committed wilful default inpayment of rent i.e. the difference between the agreed rent and the fair rent fixed by the Rent Controller from November, 1984 onwards. It was therefore pleaded that the tenant committed wilful in payment of rent as contemplated under Scc.10(2)(1) of the Act and thereby rendering himself liable to be evicted. The lan














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