1975 Supreme(Mad) 494
P.S.KAILASAM
V. S. Ahmed Thambi Maraicayar – Appellant
Versus
Revathi Stores by its Partners – Respondent
Advocates:
G. Ramaswami and M.A. Sadanand, for Petitioner.
K. Shanmugam and M.G. Natarajan, for Respondents.
Judgment:- The tenant is the petitioner. The landlord sought to evict him on the ground that he required the premises for his own use and occupation. The building was purchased by the landlord in 1970 while the tenant is in possession of the premises from 21st October, 1959. After the landlord purchased the building in 1970 he filed two petitions for eviction of the tenant one under section 10 (3) (c) and another under 10 (3) (a) (i) the first relating to non-residential portion and the second to residential portion. The Courts below found that the landlord had made out a case and ordered eviction. In this revision petition on behalf of the tenant, it is submitted that the landlord is not competent to maintain this application as the landlord which is a partnership firm is no longer in existence as one of the partners is dead. Secondly, it was contended that two portions are occupied by the tenant, one for non-residential purposes and another for residential purposes and one application covering both the residential and non-residential purposes is not maintainable. Lastly, he submitted that in fact the premises is not one building but two buildings and therefore the landlord cannot
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