Eviction of tenant for default in payment of rent.

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 1957, on the file of the Court of Small Causes, Madras.

Pending the appeal H.R.A. No. 213 of 1957, Halima Bi sold the premises to the two minor sons of A. K. Basha Sahib, Munawar Basha and Anwar Basha for a consideration of Rs. 90,000 under a registered conveyance, dated 24th October, 1957. In the said transaction of sale the two minor purchasers were represented by their father and guardian A. K. Basha Sahib. On the same day 24th October, 1957, Halima Bi wrote to her tenant informing him of the sale and requesting him to attorn to the purchasers and pay the monthly rent of Rs. 500 to them thereafter. A. K. Basha Sahib acting as guardian of his two minor sons, the purchasers, also sent a notice on 24th October, 1957, to the tenant intimating him of the purchase and ceipt of these letters, one from Halima Bi and the other from her purchasers, the tenant wrote the following letter, dated 26th October, 1957, to the purchasers:

“We hereby attorn the tenancy to you in respect of the above property on a monthly rent of Rs. 500 from 24th October, 1957, since you have purchased the said property from Messrs. Halima Bi and Saminullah and you are the present owners.”

Saminullah is the son of Halima Bi and he had no right, title or interest in the property at any time.

The purchasers filed on 13th January, 1958, an application LA. No. 109 of 1958 in the Court of Small Causes, Madras, in the pending appeal, H.R.A. No. 213 of 1957 for being impleaded as respondents in the said appeal. An affidavit in support of the application was filed by the guardian, A.K. Basha Sahib in which it was averred as follows in paragraph 3:

“Even prior to the purchase the prior owner Halima Bi had obtained an order of eviction against the appellant herein and advised that the minor purchasers could take advantage of the said order of eviction.”

This application was resisted by the tenant, but eventually by order of Court, dated 24th March, 1958, the purchasers were impleaded as party-respondents in the appeal H.R.A. No. 213 of 1957, on the file of the Court of Small Causes, Madras.

The purchasers next took the step of filing on 15th April, 1958, the petition, H.R.C. No. 1468 of 1958 on the file of the House Rent Controller, Madras, seeking eviction of the tenant on the ground of wilful default in the matter of payment of rent that accrued due subsequent to their purchase and other grounds. While this application for eviction was pending, the appeal H.R.A. No. 213 of 1957 came on for hearing and was disposed of on 27th October, 1958, by the appellate authority, which confirmed the order of eviction passed by the Additional House Rent Controller on 25th April, 1957. The tenant was however granted three months time for vacating the premises.

H.R.C. No. 1464 of 1958 on the file of the House Ren