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1979 Supreme(Mad) 97

T.RAMAPRASADA RAO
Mesdames Tara Moolgaukar and others – Appellant
Versus
T. Raja Mohan Rao – Respondent


Advocates:
B.R. Dolia of M/s. Aiyar & Dolia, for Petitioners.
B. Thanikachalam, for Respondent.

Order. - The landlords who failed before the appellate authority in an application filed by them under sections 10 (2) (i) and 10 (2) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, are the petitioners herein. The case of the petitioners is that they let out the premises in question to the respondent on a monthly rent of Rs. 700 plus Rs. 300 for fittings, etc., under a lease deed, dated 1st August, 1972, for the purpose of running a boarding and lodging house. The lease deed also provided that the demised premises shall take into its fold a garage. The main contention of the petitioner was that the tenant-respondent did not pay the Corporation tax due and payable for the premises, which, according to the petitioners, was payable by the tenant under the terms of the lease and that the respondent used the garage as a dormitory and had thus committed or caused to be committed such acts of waste as are likely to impair materially the value or utility of the building. On the evidence let in, the Rent Controller was satisfied that there was such imparing of the utility of the building and granted eviction. He also thought that there was a legal obligation on the par





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