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2006 Supreme(SC) 830

MARKANDEY KATJU, ASHOK BHAN
Maragathammal – Appellant
Versus
Kamalammal – Respondent


JUDGMENT

Markandey Katju, J.—Leave granted.

2. This appeal has been filed against the Judgment dated 30.2.2004 passed by the Madras High Court in CRP Nos. 1981 & 1982 of 2000.

3. Heard the learned counsel for the parties and perused the record.

4. The impugned judgment of the Madras High Court was delivered in two revisions arising out of eviction order by the Rent Controller and an application filed under Section 11 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as “the Act”) dated 9.11.1995 and the consequential order dated 22.3.1996.

5. The appellant herein filed R.C.O.P. No. 162 of 1992 against the respondent for eviction on the grounds of willful default, demolition and reconstruction and also subletting. The respondents premises is a non-residential one and the monthly rent is stated to be Rs. 650/-. According to the appellant, the respondent failed to pay the rent from March 1990 to 1997 apart from having sublet the premises. It was also claimed that the building required demolition and reconstruction. According to the respondent, the rents were paid regularly till June 1992 and the first appellant refused to receive the rents from the mon























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