back by his former landlords, a Supreme Court judge has ruled.

Mr. Antonio Madeira paid $800 a month for a studio apartment at Hillside, Pitts Bay Road between April, 1989 and October, 1990, the court heard. But the controlled rent was $225.

Mr. Marvin Paynter and Mrs. Darnell Winn, formerly Mrs. Paynter, should pay the difference back, Puisne Judge the Hon. Mr. Justice Ground decided.

Mr. Madeira told the court he paid the cash to the then-Mrs. Paynter, because she was his landlord.

His lawyer, Mr. Trevor Moniz, argued a letter from her divorce attorney to Mr.

Madeira described him as renting the apartment from her.

But Mrs. Winn told the court the premises, which included the couple's marital home, were owned by Mr. Paynter.

She said Mr. Paynter failed to keep up with $800 a month maintenance payments for the couple's two children, and so she was authorised by a divorce judgement to collect rent from the apartment instead.

Her lawyer, Mr. Ian Kawaley, argued she was not the landlord and should not have to pay back any money.

The premises have now been sold, the court heard.

Mr. Paynter did not appear in court. His lawyer, Mr. John Cooper, was excused from the hearing after telling the judge he had been unable to contact Mr.

Paynter and did not know where he was.

Mr. Justice Ground ruled that Mrs. Winn had "aggressively'' insisted on her right to receive the rent, and was jointly liable with her ex-husband.