SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(Mad) 1745

PRABHA SRIDEVAN
K. Chinnathambi Rowther – Appellant
Versus
K. Shanmugam – Respondent


Advocates Appeared:For the Petitioner:AR.L. Sundaresan, Advocate. For the Respondent:S. Parthasarathy for M/s. Sarvabhauman Associates., Advocate.

Judgment :-

The tenant is the petitioner. The ground on which eviction was sought for is wilful default. Both the Courts held that the tenant had committed wilful default and ordered eviction. Against that this revision petition has been filed.

2. The rent paid is Rs.150/- per month. The period of default is 01-12-1993 to 08-07-1994 which is the date of the petition. According to the landlord the lease commenced in 1991. Ex-P1 is a pocket notebook in which the payment of rents is recorded and the tenant has signed the same. The landlord also prayed for eviction on the ground of subletting and demolition and reconstruction. But these grounds did not find acceptance with the authorities and therefore, the only point that is argued the ground of wilful default.

3. The tenant pleaded that though he had paid the rents without any default the landlord had failed to issue the receipts. The tenant also pleaded that the landlord is in possession of a sum of Rs.10,000/- being paid on two dates 17-07-1992 and 20-07-1992 and if this is taken into account there will not be any wilful default. This also was not accepted by the Courts below. No notice was given under Section 10 of the Rent Contro

























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top