V.KRISHNA MUDALIAR vs LAKSHMI AMMAL — C.A. No. 771/1995
Case under Section XII-A. Status: DISPOSED.
CNR: SCIN010003231995
Filing Date
16-Jan-1995
Registration No
C.A. No. 771/1995
Diary Number
323/1995
Order Date
18-Sep-1995
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Data as of 29-May-2026
Acts & Sections
Petitioner(s)
V.KRISHNA MUDALIAR
Adv. K. K. MANI
Respondent(s)
LAKSHMI AMMAL
Adv. A. T. M. SAMPATH (Dead / Retired / Elevated)
Orders
Summary: The Supreme Court allowed the tenant's appeal and set aside the eviction order. The court held that the tenant's default in paying rent was not willful because the landlord had previously disputed the tenant's status through civil litigation (claiming he was a trespasser rather than accepting him as a tenant) and refused to accept rent payments until the dispute was resolved. Since the tenant deposited all arrears within one month of the eviction application and the non-payment was attributable to the landlord's own conduct, the tenant was entitled to the statutory protection under Section 10(2)(i) of the Tamil Nadu Buildings Act requiring a finding of willful default before eviction. This case analysis is maintained by casestatus.in based on publicly available court records.
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