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1981 Supreme(Mad) 573

M.FAKKIR MOHAMMED
Ramaswamy Pathar – Appellant
Versus
Thiagaraja Chettiar – Respondent


Advocates Appeared:
For the Petitioner:A. Venkatachalam, Advocate.
For the Respondent:D.C. Krishnamurthi, Advocate.

Judgment :-

1. The revision petition has been filed by the tenant against the order of the Appellate Authority, namely, the Subordinate Judge, Mayuram, dated 19th March, 1981 in C. M. A. No. 107 of 1980 allowing the appeal preferred by the landlord against the order of dismissal of R. C. O. P. No. 19 of 1980 by the Rent Controller (District Munsif), Mayuram, dated 9th September, 1980. The landlord had filed R. C. O. P. No. 19 of 1980 under section 10 (2) (i) of Act XVIII of 1960 on the ground of wilful default by the tenant in paying the arrears of rent of Rs. 320 at the rate of Rs. 20 per month from 1st December, 1978 till the end of 31st March, 1980. The defence raised by the tenant was that the landlord used to receive the rents in lump sum once in six months or once in a year as he had requested the tenant to allow the rents to accumulate and pay the same in lump sum so that it would serve a substantial purpose, and that the tenant has been in occupation since 1960 though a renewal lease deed was executed on 2nd September, 1971. The learned Rent Controller has upheld the plea of the tenant relying upon the evidence of P. S. 1 to say that the tenant used to pay the rents once in






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