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1993 Supreme(Mad) 324

THANIKKACHALAM
Shahul Hameed – Appellant
Versus
Rasool Bivi – Respondent


Advocates Appeared:
For the Petitioners:T.R. Rajagopalan, Advocate.
For the Respondent:K.N. Basha, Advocate.

Judgment :-

1. The landlady filed petitions for eviction against five tenants on the ground of wilful default in payment of rent. The Rent Controller ordered eviction in the case of all the five tenants. All the five tenants preferred appeals before the Rent Control Appellate Authority. The tenants also filed Civil Miscellaneous Petitions for stay of the order of eviction passed by the Rent Controller. While admitting the appeals, the Rent Control Appellate Authority granted stay of eviction order in the Civil Miscellaneous Petitions, on condition that the tenants should deposit the arrears of rent, failing which the Rent Control Appellate Authority ordered that the stay granted snail stand vacated. According to the landlady, the tenants deposited rent upto March 1984 and they did not deposit the rent for the subsequent periods. Therefore, according to the landlady, the tenants are in arrears of rent from April 1984 till the date of filing of the petitions under S. 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended by Act 23 of 1973. Thus, according to the landlady, five months rent is payable in the case of each of the tenant. The petitions filed under












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