M K MUKUNTHAN Vs. M PASUPATHI

JUDGEMENT

(1.) This Appeal is against an Order dated 4th November, 1997.

(2.) Briefly stated the facts are as follows : The Appellant was inducted by the Respondent as a tenant in the concerned premises with effect from 1st July, 1988. A sum of Rs. 3,000/- was paid as advance. The Appellant was to pay every month a rent Rs. 300/-

(3.) The Respondent filed R.C.O.P. No. 2210 of 1989 before the Rent Controller, Madras under Section 10 (2)(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Hereinafter referred to as the said Act). The Respondent claimed that the Appellant had defaulted in making the payment of rent from the very first month itself.The Respondent claimed that there were arrears of rent in the sum of Rs.3,600/-. The Appellant contested this application. The Appellant claimed that he had sent a money order which was refused by the Respondent. The Appellant claimed that he had sent a Notice dated 13th November, 1988 calling upon the landlord to disclose his bank account into which rent may be deposited. The Appellant claimed that the landlord had not replied and thus he had thereafter filed R.C.O.P. No. 1643 of 1989 for depositing rent in the Court.