Madras High Court
K. Murugappa Chettiar vs C. Balasundaram Chetty And Anr. on 22 February, 1951
Equivalent citations: AIR1952MAD173, (1951)1MLJ513, AIR 1952 MADRAS 173
ORDER
1. There is no error of law apparent on the face of the order of the Appellate Tribunal, which directed eviction of the petitioner for default in payment of rent. The rent was payable daily and admittedly the petitioner did not pay or tender any rent after 29th August 1949. As the rent was payable daily, the default would occur under Section 7 of the Madras Buildings (Lease and Rent Control) Act, 1946, after the lapse of 15 days in respect of every day's rent. The only point pressed on us by petitioner's learned Counsel, is that, there was another application for fixation of fair rent and according to the rent fixed in that application, the landlord would have with him sufficient money to discharge the arrears relating to the period of the alleged default. That may be so. But that does not save the tenant from the consequence of the admitted default he has made.
It is one thing to say that the tenant has a right to have the excess amount, on the basis of the fair rent, adjusted towards the arrears; it is an other thing to say that he can escape the consequences of not tendering or paying the rent on or before the date allowed under Section 7 of the Act. This petition is dismissed with costs.