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1996 Supreme(Mad) 795

A.R.LAKSHMANAN
Kandaswamy Pathar – Appellant
Versus
Meenakshi Bai and Another – Respondent


Advocates:
V. K.Muthuswamy, for Petitioner. S.Gopalaratnam, for Respondents.

Judgment :

The above civil revision petition is directed against the order passed in R.C.A. No.28 of 1990 on the file of the Appellate Authority, Thanjavur, dated 27. 1991 confirming the order passed in R.C.O.P. No.40 of 1984 on the file of the Rent Controller, Thanjavur, dated 20.9.1990.

2. Heard both sides. The petitioner is the tenant. He was inducted on a monthly rent of Rs.50 by the husband of the first respondent. According to the tenant, even during the life time of the husband of the respondent, the monthly rent was collected from the tenant in lumpsum only and the rent was collected by the agent after making the entry in the katchat book maintained by the tenant, which is also marked as Ex.B-1 in the proceedings before the lower court. It is also the case of the petitioner that the practice of collecting lumpsum rent over a period was also followed by the respondent- landlord. It is the case of the petitioner that, there is no wilful default on his part in the delayed payment of rent and on the other hand, it is the practice adopted by the landlord to collect the rent only in a lump sum.

3. The landlord issued a lawyer’s notice alleging that the tenant was in arrears of re



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