SAINABAI AMMAL Vs. KRISHNAMURTHY

JUDGEMENT

(1.) THE tenant is the revision petitioner. THE respondent/landlord sought her eviction on the ground of wilful default in the payment of rent from January, 1993 till November, 1993. THE case of the landlord was as follows:

(2.) THE tenant resisted the petition for eviction inter alia contending as follows:

(3.) LET us assume for the sake of argument that the rent is only Rs. 200/- per month and proceed to find whether the tenant had paid atleast this admitted amount without committing default. LET us also assume that there is no hand-book available with the tenant where entries are made with regard to payment of rent and the landlord signs the same. The tenant filed a suit on 10.11.1993 in O.S. No. 885 of 1993 for a permanent injunction restraining the landlord from interfering with her peaceful possession and enjoyment of the property. The plaint in the suit is marked as Ex. P1 on the side of the landlord in the present proceedings. It would be necessary to refer to the averments in the plaint and compare them with the stand of the tenant in the counter in the R.C.O.P. In paragraph III(1) it is stated as follows: