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1996 Supreme(Mad) 777

S.S.SUBRAMANI
G. R. Ragupathy – Appellant
Versus
Dr. K. Sankar, rep. by Dr. K. G. Ashok Kumar, Power Agent, Old Hospital Street, Gobichettipalayam, Periyar District – Respondent


Advocates Appeared:
For the Petitioner:R. Balasubramaniam, Advocate.
For the Respondent:H. Sethuratnam, Senior Counsel for T. Murugamanickam, Advocate.

Judgment :-

1. Tenant in R.C.O.P. No. 4 of 1985, on the file of the Rent Controller (District Munsif, Gobichettipalayam), is the revision petitioner.

2. Though eviction was sought on various grounds by the respondent herein, the only ground that now survives is, the claim for eviction on the ground of wilful default, and also the ground that the building is required for the bona fide own occupation of the respondent.

3. In the petition for eviction, regarding the default in payment of rent, the landlord has stated in paragraph 4 thus:—

“The respondent is a tenant of the petition mentioned premises. He was inducted into possession of the petition mentioned premises as a tenant, as per the Rent deed dated 1-5-1983, the agreed rent being Rs. 130/- per month. As per the terms of the agreement, the respondent has to pay the monthly rent of Rs. 130/- on the first of every succeeding month without fail. But the respondent has not paid rents for October, November and December, 1983 and January to December 1984 (i.e.,) for a total period of 15 months. Thus, he has committed wilful default in payment of rent. He has to pay in all Rs. 1,950/- towards arrears, i.e., rent for 15 months as afores



























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