C K R MURUGAN Vs. T S ARUNAGIRI

JUDGEMENT

(1.) LANDLORD in R.C.O.P.No.398 of 1991, on the file of X Judge, Small Causes Court, Madras, is the revision petitioner.

(2.) THE only ground that survives for consideration in this revision is, whether the tenant is liable to be evicted on the ground that he has committed wilful default in payment of rent.

(3.) THE finding of the Rent Controller that the tenant was avoiding receipt of notice dated 12.3.1991 was also explained by the Appellate Authority by saying that the tenant is a businessman, and merely because he had gone out in connection with his business, it could not be said that he was avoiding receipt of notice. Holding so, the Appellate Authority set aside the order of Rent Controller and allowed the appeal and eviction petition was dismissed.