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1998 Supreme(Mad) 1462

S.S.SUBRAMANI
C. K. R. Murugan – Appellant
Versus
T. S. Arunagiri – Respondent


Advocates Appeared:
For the Petitioner:Balaji, for P.B. Ramanujam, Advocates.
For the Respondents:T.R. Rajagopalan, Senior Counsel, for A.S. Kaizer, Advocate.

Judgment :-

1. Landlord in R.C.O.P.No.398 of 1991, on the file of X Judge, Small Causes Court, Madras, is the revision petitioner.

2. The only ground that survives for consideration in this revision is, whether the tenant is liable to be evicted on the ground that he has committed wilful default in payment of rent.

3. According to landlord, eviction petition was filed in 1986 in R.C.O.P.No.2169 of 1986 against respondents on the grounds of sub-letting, conversion and acts of waste, and the same was allowed. There was also another rent control petition for fixation of fair rent. It is the case of the landlord that in spite of pendency of the said proceedings, and in spite of warnings to pay rent regularly, tenant did not take care to pay rent regularly in time, but paid the same irregularly and improperly. Petitioner/landlord did not take action then and there itself considering their relationship and pendency of proceedings, and also with a view to avoid further litigation. It is further said that rent was not tendered from 1.9.1990 to 31.12.1990, for four months, amounting to Rs.4,000. This, according to landlord, is wilful default, which enables him to get possession. It is also s




























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