3.2. The petitioner/tenant filed the counter affidavit, among other things, stating that the tenant had not entered into any oral lease agreement with the husband of the landlord, namely, late.A.Thirumal on 01.05.2000, but the tenant entered into a written tenancy agreement on 18.03.2000 with the said late.A.Thirumal for the monthly rent of Rs.1,000/- (Rupees One Thousand only) and he paid an advance of Rs.50,000/- (Rupees Fifty Thousand only) and the tenant had paid the monthly rent at the rate of Rs.1,000/- (Rupees One Thousand only) as per the agreement till the end of March 2005. The husband of the landlord was doing pawn broker business in the name of S.U.S.Bankers and the tenant pledged 162 grams of gold jewels with him and he did not release the said jewels to the tenant during his life time and thereafter, the said jewels were under the custody of the landlord and hence, he issued a lawyer's notice on 21.07.2005 calling upon him to arrange for the release of the said jewels and a reminder was also sent to the landlord. After the death of the husband of the landlord, she became the proprietor of the said S.U.S.Bankers and since the legal heirs of late.A.Thirumal could not run the business to the satisfaction of the customers, they lodged complaints against them. The Economic Offences Wing at Kanyakumari District, registered two cases in Cr.No.8 and 9 of 2005 against the landlord being the proprietor of S.U.S.Bankers and the assets of the said Bankers were attached and kept under the custody of the Court and hence, the landlord is not competent to file the petition for eviction.
