S.N.PHUKAN, V.N.KHARE
T. Sivasubramaniam – Appellant
Versus
Kasinath Pujari – Respondent
Judgment
V.N. Khare, J.-The appellants herein are the landlords (hereinafter referred to as ‘the landlord’). The landlord filed a petition before the Rent Controller under Section 10(2)(ii)(a), 10(2)(vii) and 10(3)(a)(i) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960 (hereinafter referred to as ‘the Act’) for eviction of the respondents-tenants from the premises. The respondents-tenants contested the said petition denying the alleged requirements of the landlord for the premises as bona fide. The Rent Controller allowed the petition filed by the landlord and ordered eviction of the tenants. The appeals preferred by the tenants were also rejected by the Appellate Authority. However, the High Court in the revision petitions filed by the tenants set aside the orders of the two Courts below and allowed the revisions. The High Court was of the view that the landlord having not set out his need much less bona fide need for the premises in the petition, no order for eviction could have been passed against the tenants. It is against the said judgment of the High Court the landlord is in appeal before us.
2. Challenge to the order under appeal is laid on twin grounds. The fi
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