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1994 Supreme(Mad) 811

SRINIVASAN
P. Govindaraju – Appellant
Versus
S. P. Krishnan and Others – Respondent


Advocates:
P. Ananthakrishnan Nair, for Petitioner. M. Kandasamy, for Respondents.

Judgment :

These three revision petitions arise out of a petition for eviction viz., R.C.O.P.No.284 of 1987 filed by the respondents on the ground of wilful default in payment of rent and causing damage to the property. When the petition was pending, the landlord filed an application under Sec.11 of the Act for a direction to the tenant to pay the entire arrears of rent, which according to him amounted to Rs.24,320 being the rent due for 38 months from May, 1986 to June, 1989. The case of the tenant was that he had paid the property tax regularly and he had in fact paid in excess than what was due from him. Under the agreement of tenancy, the landlord was liable to pay a sum of Rs.988.50 by way of property tax and the tenant had agreed to pay any increase in the property tax. Taking that into account, the Rent Controller deducted a sum of Rs.8,896.50 from the total amount claimed by the landlord and directed the tenant to pay a sum of Rs.15,425.50 within a particular time. The petitioner did not comply with the order but chose to file an appeal before the Appellate Authority challenging the same. The Rent Controller passed an order of eviction as the tenant had not complied with the






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