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1999 Supreme(Mad) 532

A.SUBBULAKSHMY
Smt. Dharani Ammal – Appellant
Versus
P. J. Raphal – Respondent


Advocates Appeared:
For the Petitioner:P.B. Balaji, Advocate.
For the Respondent:S. Krishnaswamy, Advocate.

Judgment :-

1. Landlady is the revision petitioner.

2. The petitioner filed eviction petition under Sec.10(2)(1) of the Rent Control Act on the ground that the respondent committed wilful default in payment of rent from February, 1987 to October, 1988. The respondent contends that he is the tenant in respect of the petition mentioned premises for the past thirty years and he never committed wilful default and the rent upto January, 1987 was received by the agent of the landlady and thereafter, as the suit was pending in the City Civil Court in O.S.No.117 of 1987, the landladys agent represented that the rent should be paid only to the lessee of the petitioner to whom the petition mentioned premises was also granted on lease and the lessee was not prepared to receive the rent and directing the respondent to contact the landladys agent for settlement of the disputes and insisting upon delivery of possession. The respondent was not aware of the scheme behind the petitioner and the lessee who filed the present petition and when the respondent contracted his counsel with regard to payment of rent he was advised to send the rent, he was advised to send the rent by demand draft and accordi












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