1978 Supreme(Mad) 206
S.NAINAR SUNDARAM
Thangakani Ammal and others – Appellant
Versus
A. K. A. Kaja Mohideen Sahib and another – Respondent
Advocates:
K. Parasaran, for Raj and Raj and J. Kanakaraj of Raj and Raj, for Petitioners .
P. S. Ramachandran, for Respondents.
ORDER.-This revision is directed against the orders of the Appellate Authority under the Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), hereinafter referred to as the Act. Certain material facts have got to be stated so that the questions involved in the case may be appreciated and considered in the proper light. One S. P. Periasami Nadar was the owner of the property concerned. He leased out the property concerned to A. K. A. Khaja Mohideen Sahib and A. K. A. Mohammed Ismail Sahib, the respondents in this revision. According to the said Periasami Nadar, respondents 1 and 2 herein committed default in the payment of the rents, they sublet portions of the property to Chelladurai Nadar and Jaya Pandia Nadar without his written consent and he required the property for demolition and reconstruction. On these grounds, the said Periasami Nadar instituted proceedings for eviction under the Act in H.R.C.O.P. No. 43 of 1973 on the file of the Principal District Munsif (Rent Controller), Tirunelveli. Respondents 1 and 2 herein contested the petition for eviction and their main contention was that the property demised to them is not a ‘building’ within the meaning of the A
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