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1979 Supreme(SC) 298

V.D.TULZAPURKAR, V.R.KRISHNA IYER
Metalware And Company: S. Jatanmal Samandariya: Jayantilal Jaynarayanjee: S. Jatanmal Samandariya – Appellant
Versus
Bansilal Sarma And Company: Prakashmal Bhandari: Prakashmal Bhandari: Prakashmal Bhandari – Respondent


Advocates:
A.K.SEN GUPTA, A.T.M.SAMPATH, D.Bhandari, E.C.AGARWAL, J.S.SINHA, K.J.JOHN, K.S.Ramamurthy, L.M.SINGHVI, P.V.RAMALINGAM, S.K.DHINGRA, Y.S.Chitale

Judgment

TULZAPURKAR, J.:- These appeals preferred by tenants by special leave raise a common question whether while considering the bona fide requirement of the building by the landlord for the immediate purpose of demolition and reconstruction under Section 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 (as amended by Act 23 of 1973) (hereinafter referred to as the Act) the condition of the building is a wholly irrelevant factor ?

2. Since the facts giving rise to the aforesaid question in all these appeals are almost similar it will suffice if the facts in C. A. Nos. 2087-2088/78 are stated. The appellant Matelware & Co., a proprietary concern has been a tenant of the premises in dispute, namely, a shop on the ground floor of door Number 425 Mint Street, George Town, Madras-1 since 1953. The respondents (landlords) purchased the building from its erstwhile owner some time in 1975 and filed applications against all the tenants thereof including the appellant for evicting them under Section 14 (1) (b) of the Act alleging that the building being very old and dilapidated required immediate demolition and reconstruction and they bona fide required it for




























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