KANNAMMAL Vs. JOSEPH SAM

JUDGEMENT

(1.) SECOND respondent in R.C.O.P. No.4229 of 1982, on the file of IX Judge, Court of Small Causes at Madras (Rent Controller) is the revision petitioner.

(2.) EVICTION petition was filed by first respondent herein on two grounds, namely, (1) that the first respondent, who is the sole tenant of the schedule premises, has committed wilful default in payment of rent and (2) he has also unauthorisedly sub -let the building to respondents 2 to 6. During the pendency of the proceeding, the original tenant died and his legal representatives have been impleaded as respondents 7 to 11. It is said that the (deceased) tenant committed wilful default in payment of rent from 1.12.1952 onwards, though he restricted his claim for the period from 1.10.1960 to 31.7.1982. This, according to the landlord, is wilful and wanton default, which makes the tenant liable to be evicted from the building. It is said that there is no written consent from the landlord to sub -let the building, and the occupation of respondents 2 to 6 is exclusive and amounts to unauthorised sub -letting. Even when notice was issued to the tenant, it was returned as no such addressee. Copies of notice were also sent to the alleged sub -tenants, and some of them refused to accept the same.

(3.) IN the counter statement filed by 5th respondent, he said that he came into possession in the year 1960. He believed the statement of the first respondent that he was empowered to sub -lease the building, and authority was given to him by deceased tenant himself. After the death of the original tenant, his legal representatives did not come and collect the rent. He said that he is ready to pay the rent to whomever he is liable to pay. He is a bona fide occupant of the building.