JAGADISAN
Manavar Basha – Appellant
Versus
V. Narayanan – Respondent
One Halima Bi was the owner of the premises bearing old Door No. 110-E, New Door No. 110-F, Mount Road, Madras . The premises was in the occupation of her tenant, one V. S. Naryanan who will hereinafter be referred to as the tenant on a rental of Rs. 500 per month. He defaulted to pay the rent for the months of March, April and May, 1956. Halima Bi filed on 29th June, 1956, H.R.C. No. 2380 of 1956, before the House Rent Controller, Madras, under section 7 (2) (i) of the Madras Buildings (Lease and Rent Control) Act, 1949, for eviction of the tenant on the ground that the tenant commited wilful default in the matter of payment of rent for the aforesaid three months. The tenant admitted non-payment of the rent for the said period but however pleaded that he had adjusted the rent towards the cost of repairs and white-washing done to the premises as per the alleged agreement between him and Halima Bi. The Additional Rent Controller, Madras, found that the tenant was guilty of wilful default in not paying the rent for the months of March and April, 1956 and ordered eviction by order, dated 25th April, 1957. The tenant filed an appeal against the said order, H. R. A. No. 213 of
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