P SRILAKSHMI Vs. P S SIVARAMAKRISHNAN

JUDGEMENT

(1.) THE landlord's petition for eviction on the ground of wilful default was dismissed by the Appellate Authority on the ground that the tenant was in possession under an agreement of sale and therefore, the liability to pay rent ceased to exist.

(2.) THE main question that was argued by both the counsel was regarding the effect the agreements of sale dated 2.9.1983. Under this agreement, the petition premises was agreed to be sold to the respondent/ tenant for a consideration of a sum of Rs.58,000 THE advance that the respondent had given at the inception of tenancy was agreed to be treated as advance payment for the sale. THE other terms and conditions are not relevant. THEre is no clear and categoric agreement between the parties that after the date of agreement the possession of the respondent shall be in part performance of the agreement. THE petitioner/ landlord filed an application for eviction on the ground that the respondent had committed wilful default from April, 1984 to February, 1991.

(3.) IN B.Kuppulal v. V.Sagunthala B.Kuppulal v. V.Sagunthala (1987)1 MLJ. 242 this Court held that a mere agreement of sale will not terminate the landlord- tenant relationship and the liability of the tenant to pay the rent continues.