MAHALINGAM Vs. PICHAIAMMAL

JUDGEMENT

(1.) TENANT in R.C.O.P.No.6 of 1991 on the file of Rent Controller/District Munsif, Palani is the revision petitioner. Landlord claimed eviction on the ground that tenant has committed wilful default in paying rent at the rate of Rs.250 per month from August, 1990 till December, 1990 for a period of five months.

(2.) IT could be seen from the facts narrated in the eviction petition that originally rent was only Rs.150 per month. Building was at that time let out by landlady's mother. After mother's death, rent was enhanced to Rs.250. IT is also seen that there was some misunderstanding between parties and tenant filed a suit as O.S.No.509 of 1990 on the file of District Munsif Court, Palani for a decree of permanent prohibitory injunction. Due to intervention of third parties, matter was settled and a new agreement was entered on 27.6.1990. On the date of agreement, tenant paid an advance of Rs.15,000. Even though the agreement is dated 27.6.1990, it has to come into effect only from 1.8.1990, it has to come into effect only from 1.8.1990. Ex.R-1 is the receipt evidencing payment of advance of Rs.15,000.

(3.) THE allegation in the eviction petition is that tenant has defaulted in paying rent from August, 1990 till December, 1990 at the rate of Rs.250 per month. Advance amount of Rs.15,000 is equivalent to 60 months rent.