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1999 Supreme(Mad) 947

S.S.SUBRAMANI
Mettupalayam Municipality represented by its Commissioner – Appellant
Versus
M. Shanmugam – Respondent


Advocates Appeared:
For the Petitioner:K. Suresh Kumar, Advocate.
For the Respondent:Mohan Parasaran, Advocate.

Judgment

1. Both these revision petitions are filed by tenant against whom an order of eviction was passed by the Rent Controller and confirmed by the appellate authority on the ground that it has committed wilful default in paying rent.

2. In R.C.O.P.No.256 of 1989, against which revision C.R.P.No.2319 of 1999 arises, landlord contended that the rent at the rate of Rs.300 per month was not paid from 1.2.1985 and a notice was issued on 17.6.1989 demanding rent arrears for 52 months. Even after receipt of notice, they did not pay the rent and no reply was also sent. Finally, eviction petition was filed in October, 1989.

3. In the other revision, C.R.P.No.2320 of 1999, which arises from R.C.O.P.No.258 of 1989, rent are arrears from 1.3.1985 at the rate of Rs.330 per month. There also a demand notice was issued on 17.6.1989 claiming rent arrears for 51 months. In that case also rent was not paid nor reply was sent and hence eviction petition was filed in October, 1989.

4. In both these petitions, both landlord and tenant are same though the building is different.

5. Tenant contended that landlord is very influential and rich person and he never used to collect rent and it is his hab










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