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1978 Supreme(Mad) 344

S.NAINAR SUNDARAM
R. Rengaswamy Iyengar – Appellant
Versus
Postmen’s Co-operative Credit Society through its President and another – Respondent


Advocates:
D.M.C. (Rent Controller), Madurai Town.
T. R. Rajagopalan and T.R. Rajaraman, for Petitioner.
R. Sukantharaj and A. Sridharan, for Respondent.

JUDGMENT.- The landlord under the Tamil Nadu Act XVIII of 1960 (hereinafter referred to as the Act’) is the petitioner in this revision. The respondents herein were arrayed as tenant and sub-tenant respectively before the Principal District Munsif (Rent Controller), Madurai Town, before whom the landlord filed a petition for eviction of the tenants in R.C.O.P.No. 738 of 1968. A number of grounds were urged for evicting the respondents and out of them, the only ground that is being urged in this revision is that under section 10 (3) (a) (iii) of the Act. The Rent Controller did not countenance the case of the landlord and equally so, the principal Subordinate Judge (Appellate Authority), Madurai, dismissed the appeal C.M.A.No.49 of 1970 preferred by the landlord. The present revision is directed against the orders of the appellate authority.

2. Shri S. Navaneethakrishnan, learned counsel for the petitioner, submits that the case of the landlord as borne out by the materials clearly fits in with the provisions of section 10 (3) (a) (iii) of the Act and the Courts below have acted on a misconception of the correct position in law and only on that account the case of the landlord has be










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