LAKSHMI Vs. K JANARDHAN

JUDGEMENT

(1.) 1. This civil revision Petition has been filed by the revision petitioners against the judgment and decree dated 28.4.2000 and made in R.C.A.No. 285 of 1999 on the file of the VIIIth Judge, Court of Small Causes, Chennai, confirming the order and decretal order in R.C.O.P.No.1189 of 1996 on the file of Xth Judge, Court of Small Causes, Chennai.

(2.) THE facts that are necessary for disposal of this civil revision petition are as follows:

(3.) THE learned counsel for the respondent would contend that the totality of the circumstances namely issue of notice to Sampath Mudaliar by the respondent herein and the landlady and also the filing of the suit in O.S.No.5796 of 1991 may be taken into consideration in arriving as to whether the revision petitioners have committed wilful default in payment of rent. In support of that stand the learned counsel for the revision petitioners relied on the decision reported in S.C.Basappa v. Jumna Doss Manickchand S.C.Basappa v. Jumna Doss Manickchand S.C.Basappa v. Jumna Doss Manickchand , (1997)1 MLJ. 317 and Lakshmi Bai v. Geeta Bai Natwarlal and another Lakshmi Bai v. Geeta Bai Natwarlal and another Lakshmi Bai v. Geeta Bai Natwarlal and another , 1987 T.L.N.J. 125. One of the cases referred to above relates to sending of rent once in two months in routine and another with regard to conduct of tenant in committing default in payment of rent. Both the cases cited above will have no application to the facts and circumstances of this case and therefore they may not extend any help to the revision petitioners to establish their case.