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1975 Supreme(Mad) 311

VARADARAJAN
K. Ramachandra Rao – Appellant
Versus
Krishnaswami Iyengar and others – Respondent


Advocates:
U. Somasundaram and P. Kothandaraman, for Petitioner.
K. Ramaswami, A. Sarojini Bat, V. Venkataswamy and M.A. Abdul Huq, for Respondents.

ORDER:- This petition is to revise the judgment of the learned District Judge, West Thanjavur (Revisional Authority) made in C.RP.No.2 of 1973 in which the learned Judge has ordered eviction of the petitioner on the ground that the building occupied by him for the purpose of his business is required bona fide by the respondent for the purpose of demolition and re-construction.

2. The respondent filed the eviction petition R.C.O.P.No.137 of 1969 before the Rent Controller, Kumbakonam under section 14 (1) (6) alleging that the building is in very bad state of repairs and requires to be immediately pulled down and re-constructed and that he therefore requires the building for the purpose of demolition and re-construction. The learned Rent Controller did not give any specific finding regarding the condition of the building but allowed the petition observing that there is nothing uncommon in the petitioner before him requiring the building for demolition and reconstruction and that under these circumstances he has no reason to doubt the honesty and bona fides of the petitioner before him. But on appeal, the Appellate Authority (Subordinate Judge of Kumbakonam) in C.M.A.No.49 of 1971 came




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