MARAGATHAMMAL versus KAMALAMMAL

MARAGATHAMMAL versus KAMALAMMAL

Eviction rightly ordered as the respondent-tenant deliberately avoided payment of rent and failed to comply with Court’s order under Section 11 to deposit arrears by the stipulated date. Striking off defence and eviction order were proper.

Parties
Appellant: Maragathammal; Respondent: Kamalammal
Jurisdiction
India
Judgment Date
11 September 2006
Procedural Posture
Civil Appeal / Appeal From High Court Revision
Outcome
appeal allowed
Legal Topics
Default in Rent Payment, Eviction, Striking Off Defence
Landlord Tenant Rent Control Default in Rent Payment Eviction Striking Off Defence

Case Brief

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Parties

Maragathammal

Appellant

Kamalammal

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Revision

Legal Issues

  1. 1 Whether eviction was rightly ordered due to default in payment of rent and non-compliance with Section 11 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Ratio Decidendi

Eviction rightly ordered as the respondent-tenant deliberately avoided payment of rent and failed to comply with Court’s order under Section 11 to deposit arrears by the stipulated date. Striking off defence and eviction order were proper.

Court Disposition

appeal allowed

Orders

  • Impugned High Court judgment set aside
  • Orders of Rent Controller dated 9.11.1995 and 22.3.1996 upheld