LAWS(MAD)-1993-9-62

K N GUNALAN Vs. C SANTHALINGAM

Decided On September 24, 1993
K N GUNALAN Appellant
V/S
C SANTHALINGAM Respondents

JUDGEMENT

(1.) THE landlord is the petitioner. THE petition for eviction has been filed on the ground of wilful default in payment of rent for the period 1. 7. 1976 to 1. 4. 1980. THE petition was filed on 24. 1. 1980. THE monthly rent was Rs. 125. THE total amount due for the said period was Rs. 5 ,875 out of which the tenant had paid rs. 3,725 in driblets on various occassions. THE balance due as on the date of the filing of the petition was Rs. 2 ,150.

(2.) BEFORE the filing of the petition, the landlord had issued a notice on 3. 8. 1979 terminating the tenancy with the end of August, 1979. He had called upon the tenant to pay the arrears of rent due as on that date. The amount due on that date was Rs. 1,325 which was arrived by deducting a sum of Rs. 3 ,500 which was paid by the tenant by then towards the total rent of Rs. 4,825 due for the period 1. 7. 1976 to 31. 7. 1979. To the notice dated 3. 8. 1979, the tenant sent a reply on 25. 8. 1979 under Ex. A-4 wherein he denied the arrears. He sent a demand draft for Rs. 400 in the name of the petitione r' s mother. The petitioner did not accept the draft and returned the same.

(3.) EVEN assuming that the explanation is not applicable to the present case, there is no doubt whatever that the tenant has committed wilful default. The course of conduct as seen from the facts already stated will show that he had been supinely' indifferent in the matter of payment of rent. The fact that he has been irregular in making payment raising a false plea that he used to pay only in lumpsum once in a few months will show that he has committed default wilfully. On 3. 8. 1979, the total amount payable was Rs. 4 ,825 against which he had paid only Rs. 3,500 and the balance was Rs. 1,325. EVEN assuming that the adjustment made by the appellate authority for the amount sent by him subsequent to the notice, viz. Rs. 400 and a sum of Rs. 425 paid by way of advance for the vacant site is given effect to, there is still a balance of Rs. 500. The tenant has no explanation for not paying the same. EVEN after the said notice dated 3. 8. 1979, the tenant has again fallen in arrears. In the subsequent period of eight months, the tenant should have paid Rs. 1 ,000 towards the rent but had paid only a total amount of rs. 225 leaving a balance of Rs. 775. Thus, on the date of the petition, the total amount due from the tenant was Rs. 2 ,150. If the adjustment of Rs. 825 made by the appellate authority is accepted, there will be still a balance of Rs. 1 ,325 as on the date of the petition.