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2000 Supreme(Mad) 280

S.S.SUBRAMANI
M/s Guru Associates, rep. by its Partner Mr. Lalithakumar Jain & Lalithakumar Jain – Appellant
Versus
B. A. Balasubramaniam – Respondent


Advocates Appeared:
S. Balasubramaniam, Advocate for the Petitioners.
N.C. Varadarachari for the Respondents.

Judgment :-

1. In all these revision petitions, tenants are the revision petitioners. Eviction petition was filed by landlord on the ground that tenant has committed wilful default in payment of rent. According to the landlord, from January 1994 to October 1994, tenant has not paid rent at the rate of Rs. 1,100/- per month.

2. As per the order dated 1.11.96, Rent Controller ordered eviction. Three months time was given to tenant to vacate the building.

3. Against the order of eviction, tenant preferred R.C.A. No. 11 of 1997. Pending appeal, landlord filed application in M.P. No. 763 of 1997 on the ground that tenant has not paid rent from February 1997 to October 1997 and there must be a direction asking tenant to deposit rent in court and if he fails to do so stop further proceedings in appeal. A counter statement was filed by tenant stating that the application is lacking in bona fides and his counsel was all along ready and willing to make payment but nobody has received the amount and even now he is ready to deposit the rent. It is seen that landlord filed application in November 1997 and tenant filed counter on 31.8.1998.

4. On 16.1.1999, tenant paid a sum of Rs. 7,700/-. Landl















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