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2000 Supreme(SC) 927

V.N.KHARE, S.N.PHUKAN
K. M. Abdul Razzak – Appellant
Versus
Damodharan – Respondent


ORDER

Appellant herein, is the tenant. The respondent-landlord filed a petition before the Rent Controller at Madurai for eviction of the appellant-tenant under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act ). The case of the landlord was that the building is in a dilapidated condition and, therefore, it requires demolition and reconstruction. The landlord also stated that he has sufficient funds to raise the new construction. The Rent Contoller, before whom the aforesaid petition was filed, appointed an Advocate Commissioner to inspect the disputed premises and submit a report in respect thereof. The Commissioner inspected the premises with the help of a Chartered Engineer and submitted his report. In his report the Commissioner found that the premises was old one, but was not in a dilapidated condition so as to require demolition and reconstruction. Parties also led evidence in respect thereof. The Rent Controller after considering the entire material on record, recorded a finding that building is not in a dilapidated condition so as to require demolition and reconstruction and, therefore, the landlord was not










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