Chennai Court May 1975 Judgments

S. Ganapathi Vs. N. Kumaraswami

Court: Chennai

Reported in: AIR1975Mad383; (1975)2MLJ171

ORDERGokulakrishnan, J.1. The tenant is the petitioner herein. The respondent filed R. C. O. P. 559 of 1971, on the file of the First Additional District Munsif (Kent Controller) Madurai, for eviction of the petitioner on the ground of wilful default in the payment of rent. The Rent Controller found that the petitioner herein has committed wilful default in the payment of rents and on that ground, ordered eviction, giving the petitioner herein three months time for vacating the premises. Aggrieved by the decision of the Rent Controller, the petitioner herein presented a civil miscellaneous appeal before the Subordinate Judge of Madurai. Since there was a delay of 16 days in preferring the said appeal against the order of eviction, the petitioner herein filed I. A. 353 of 1973 along with the said appeal, under Section 5 of the Limitation Act to condone the delay in filing the appeal. Following the principles laid down by this court in the decision reported in Eswaran v. Palaniammal, 197...