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2000 Supreme(Mad) 122

S.S.SUBRAMANI
S. Velu Pillai (died) – Appellant
Versus
S. Lakshmi (died) – Respondent


Advocates Appeared:
Mrs. K.M. Valsala for Petitioners.
Mrs. Chitra Sampath for Respondents.

Judgment :-

1. The tenant in R.C.O.P. No. 42 of 1989 on the file of the Additional District Munsif-cum-Rent Controller,. Nagercoil is the revision petitioner. After filing this revision, both the landlady and tenant died and their legal representatives are impleaded as additional petitioners and additional respondent

2. The landlady filed the eviction petition on the ground that the tenant had committed wilful default in paying the rent. The material averments in the eviction petition could be summarised as thus:

The tenant took the scheduled premises on oral lease from the landladys husband late S. Chockahngam from 17.10.1960. At that time, the monthly rent was Rs. 15/-. The respondent paid rent upto and inclusive of 11.2.1970 to the landladys husband and after his death, the rent was being paid to the landlady. Whenever rent is paid, the receipt was also being issued to the tenant. The rent from 12.2.1970 was defaulted and that compelled the landlady to issue a lawyers notice on 9.2.1972. The tenant accepted the same and agreed that he will pay the rent arrears and also surrender schedule property shortly and requested that no eviction proceedings be initiated against him. At that


























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