CHITHIRAIVADIVU AMMAL Vs. MOSES T SUNDAR

JUDGEMENT

(1.) IN this case the revision petitioner is the landlady who has filed H. R. C. O. P. No. 123 of 1977 on the file of the Rent Controller, Tirune lveli for eviction of the tenant, who is a medical practitioner on the ground of wilful default in the payment of arrears of rent for 11 months between September, 1976 and July, 1977 to the tune of Rs. 705 deducting Rs. 10 paid in excess for August, 1976. The contention of the landlady before the rent Controller was that the tenant is a chronic wilful defaulter in the payment of rent and that he has committed wilful default as mentioned above in the payment of 11 months rent.

(2.) THE plea of the tenant is that the landlady had requested him to make lumpsum payment stating that if payments are made monthly they would be spent away and that even though the tenant was paying the rent in lumpsum in the past, the landlady was received the same without any demur.

(3.) ON appeal to the appellate authority, namely, the principal Subordinate Judge, Tirunelveli , the findings of the Rent Controller have been confirmed in C. M. A. No. 2 of 1979 by order, dated 24th September, 1980. Hence this revision.