M NAGALINGA JOSIAR Vs. TRUST FOR BUILDINGS T K S P ARUNACHALAM
LAWS(MAD)-1972-2-1
HIGH COURT OF MADRAS
Decided on February 17,1972

M.NAGALINGA JOSIAR Appellant
VERSUS
TRUST FOR BUILDINGS, T.K.S.P.ARUNACHALAM Respondents

JUDGEMENT

- (1.) THE tenant has filed this revision petition and he is aggrieved that the appellate court and the court of revision have upheld the plea of the respondent that the petitioner had committed willful default in payment of the rent.
(2.) THE rent receipts filed in this case show that the petitioner had been irregular in the payment of rents and that there has been a delay of two to three months on several occasions. On 22-4-1969 the respondent issued a notice Exhibit A-1 determining the tenancy and complaining of arrears of rent for three months. On 12-5-1969 the petitioner sent a money order for three months' rent but it was refused. It is unnecessary to refer to the subsequent money orders.
(3.) ON these facts the Rent Controller was reluctant to uphold the plea of willful default; but the appellate Court and the Court of Revision have accepted that this is a case of willful default.;


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