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1987 Supreme(SC) 703

S.NATARAJAN, SABYASACHI MUKHARJEE
Prabhakaran Nair – Appellant
Versus
State Of T. N. – Respondent


Advocates:
A.K.VERMA, A.T.M.SAMPATH, A.V.RANGAM, B.PARTHASARTHY, C.S.VAIDYANATHAN, D.N.Mishra, DIVAN BALAK RAM, E.C.AGARWAL, J.RAMAMURTHY, K.PARASARAN ATTORNEY, K.R.R.PILLAI, M.C.VERMA, M.N.KRISHNA MANI, Mukul Mudgal, N.K.SHARMA, P.N.Ramalingam, Raghu Raman, RAJU RAMACHANDRAN, S.SRINIVASA VARMA, SHANTI BHUSHAN, SOLI J.SORABJI, V.BALACHANDRAN, V.SHANKERA RAO, V.SHEKHAR

Judgement

SABYASACHI MUKHARJI, J.:- There is much ado about nothing about these cases. These petitions seek to challenge the vires of S. 14(1)(b) and S. 16(2) as well as incidentally S. 30(ii), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter called the Tamil Nadu Rent Act) on the ground of being arbitrary, discriminatory and unreasonable. Different petitions deal with different facts. It is not necessary to set these out exhaustively but it would be appropriate to deal with the facts of Writ Petition No. 506 of 1986 as a typical one in order to appreciate the points in issue. In Writ Petition No. 506 of 1986, the respondent landlord on or about 21st of March, 1978 after purchasing the premises No. 95, Thyagaraja Road, T. Nagar, Madras from the erstwhile owner, filed an eviction petition in the court of Small Causes, Madras for eviction of the petitioner herein from the premises where the petitioner had been carrying on a hotel business serving meals etc. for four decades. The grounds in the eviction petition were non-payment of rent under S. 10(2)(1), Tamil Nadu Rent Act, unlawful subletting under S. 10(2)(ii) (a), causing damages to the premises under S. 10(2)























































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