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2002 Supreme(Mad) 25

M.CHOCKALINGAM
Tmt. Rabayakkal – Appellant
Versus
Singarayar – Respondent


Advocates Appeared:
Mr.T.S.Sivagnanam, Advocate for Petitioner. Mr.R.S.Ramanathan, Advocate for Respondent.

Judgment :

1. This civil revision petition is preferred from the order of the Principal District Munsif (Rent Controller) made in an interlocutory application filed under S.1 1(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act in a pending RCOP proceedings.

2. The respondent landlord filed an eviction petition under S.10(2)(1) of the said Act alleging that the petitioner tenant committed willful default in payment of rents. On service of notice, the tenant entered appearance and filed his counter. During the pendency of the said eviction proceedings, the landlord filed an application under S.1 1(4) of the Act praying to stop all further proceedings, and make an order directing the tenant to put the landlord in possession of the building, in view of the non payments of the accrued arrears of rent. The tenant has also filed a detailed objection seriously contesting the said application. The Rent Controller after enquiry, has passed the impugned order directing the petitioner tenant to put the landlord in possession of the building.

3. From the available materials, it would be clear that there was a dispute as to the quantum of monthly rent and also as to the arrears of rent






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