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1970 Supreme(Mad) 153

P.S.KAILASAM
K. N. Ramakrishnan – Appellant
Versus
G. Keral Chand – Respondent


Advocates:
K. Parasurama Iyer, for Petitioner.
V. Sridevan, for Respondent.

JUDGMENT.-

The tenant under the Madras Buildings (Lease and Rent Control) Act is the petitioner in this Civil Revision Petition. He had taken on lease premises No. 49-A, Upper Bazaar, Ooty, on a rent of Rs. 35 per mensem. On 13th August, 1965, the landlords issued a notice to the petitioner-tenant terminating the tenancy and calling upon him to pay Rs. 595 which was the amount due to them as rent. This notice was served on the petitioner-tenant on 18th August, 1965. The petitioner-tenant gave a reply on 25th August, 1965, in which he denied his liability to pay Rs. 595 and also contended that the notice was not in accordance with the provisions of section 106 of the Transfer of Property Act. On 17th January, 1966, the landlords filed a petition for eviction of the petitioner-tenant on various grounds, namely, wilful default etc. They claimed arrears of rent upto that date Rs. 770 On 25th February, 1966, an ex parte order was passed against the tenant. It was restored on 18th March, 1966 and time was granted for filing written statement (counter). The petitioner-tenant filed the same on 4th April, 1966. He did not deposit any amount; nor did he raise the question as to lack of prope





















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