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1992 Supreme(Mad) 92

SRINIVASAN
Deluxe Road Lines represented by its Partner, Kushalchand B. Shah – Appellant
Versus
P. K. Palani Chetty – Respondent


Advocates:
G.Subramaniam, Senior Counsel, for Himmatmal Mardia, for Petitioner. S.K.L.Ratan for Raju K.Lukose and R.Balasubramaniam, for Respondent.

Judgment :

This revision petition is at the instance of the tenant against whom an order of eviction has been passed by the Appellate Authority on the ground of wilful default in payment of rent.

.2. There is no dispute that the petitioner is bound to pay a rent of Rs.1,225 per mensem as tenant in premises No.243, ground-floor, Govindappa Naicken Street, Madras-1. The respondent filed the petition for eviction alleging that the petitioner had committed wilful default in payment of rent for four months from August, 1981 to November, 1981. The petition was presented on I8th January, 1982. The petitioner contested the same stating that he was paying rent regularly and there was no wilful default on his part. With regard to the period in question, he stated that he paid the rent for August, 1981 on 19. 1981 to the respondent’s son, who returned it on 22. 1981 directing the petitioner to pay it to the respondent himself. On 10. 1991, the petitioner paid the rent for August and September, 1981 to the respondent, who promised to send the receipt therefor later, but did not send the receipt. Again the petitioner paid the rent for the month of October on 112. 1981 and for the month of Novem









































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