MUNAVAR BASHA Vs. V. NARAYANAN

JUDGEMENT

(1.) ONE Halima Bi was the owner of the premises bearing old door No. 110 -E, New door No. 110 -F, Mount Road, Madras. The premises was in the occupation of her tenant, one V. S. Narayanan who will hereinafter be referred to as the tenant on a rental of Rs. 500 per month. He defaulted to pay the rent for the months of March, April and May 1956. Halima Bi filed on 29 -6 -1959. H. R. C. No. 2380 of 1956 before the House Rent Controller, Madras under Section 7(2)(i) of the Madras Buildings (Lease and Rent Control) Act, 1949 for eviction of the tenant on the ground that the tenant committed wilful default in the matter of payment of rent for the aforesaid three months. The tenant admitted non -payment of the rent for the said period; he however pleaded that he had adjusted the rent towards the cost of repairs and white -washing done to the premises as per the alleged agreement between him and Halima Bi. The Additional Rent Controller, Madras, found that the tenant was guilty of wilful default in not paying the rent for the months of March and April 1958, and ordered eviction by order dated 25 -4 -1957. The tenant filed an appeal against the said order, H. R. A. No. 213 of 1957 on the file of the Court of Small Causes, Madras.

(2.) PENDING the appeal, H. R. A. No. 213 of 1957, Halima Bi sold the premises to the two minor sons of A. K. Basha Sahib, Munawar Badsha and Anwer Badsha for a consideration of Rs. 90.000 under a registered conveyance dated 24 -10 -1957. In the said transaction of sale the two minor purchasers were represented by their father and guardian A. K. Basha Sahib. On the same day 24 -10 -1957, Halima Bi wrote to her tenant informing him of the sale and requesting him to attorn to the purchasers and pay the monthly rent of Rs. 500 to them thereafter. A. K. Basha Sahib acting as guardian of his two minor sons, the purchasers, also sent a notice on 24 -10 -1957, to the tenant intimating him of the purchase and requesting him to attorn to the purchasers from the date of sale and to pay the rent in future to the purchasers. On receipt of these letters, one from Halima Bi and the other from her purchasers, the tenant wrote the following letter dated 26 -10 -1957 to the purchasers : 'We hereby attorn to you in respect of the above property on a monthly rent of Rs. 500 from 24 -10 -1.957 since you have purchased the said property from Messrs. Halima Bi and Saminullah and you are the present owners'. Saminullah is the son of Halima Bi and he had no right, title or interest in the property at any time.

(3.) THE purchasers next took the step of filing on 15 -4 -1958 the petition, H. R. C. No. 1468 of 1958, on the file of the House Rent Controller, Madras seeking eviction of the tenant on the ground of wilful default in the matter of payment of rent that accrued due subsequent to their purchase and oilier grounds. While this application for eviction was pending, the appeal H. R. A. No. 213 of 1957 came on for hearing and was disposed of on 27 -10 -1958 by the appellate authority, which confirmed the order of eviction passed by the Additional House Rent Controller on 25 -4 -1957. The tenant was, however, granted three months time for vacating the premises.