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2002 Supreme(SC) 475

B.P.SINGH, R.C.LAHOTI
Kanniammal – Appellant
Versus
Chellaram – Respondent


JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. The suit property is a building described as door No. 21, 7th Avenue, Ashok Nagar, Madras-83. It is owned by the landlady-appellant. A portion of the building is occupied by the appellant alongwith her three sons for the residence of the family. Another portion of the same building is held by the respondent as tenant for non-residential purpose on a monthly rent of Rs. 400/-. The appellant initiated proceedings for eviction of the tenant under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter the Act , for short) by alleging that her third son Venkatesh required the premises in occupation of tenant for commencing his own business of car air-conditioning. The Rent Controller directed the tenant-respondent to be evicted. The order of the Rent Controller was upheld in appeal. However, the same has been set aside by the High Court in the revision preferred by the tenant. The landlady sought for a review which was declined by the High Court. The aggrieved landlady has filed these appeals by special leave.

3. The Rent Controller has held that Venkatesh, the third son of the appellant, is having a Di


















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