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1976 Supreme(Mad) 48

V.SETHURAMAN
K. S. K. Zafrullakhan – Appellant
Versus
K. Arunachalam and others – Respondent


Advocates:
M. Veluswami and D. Anandan, for Appellant.
S. Gopalaratnam, P. N. Venugopal and P.M. Kathiresan, for Respondents.

JUDGMENT:- In this Second Appeal, the only question that arises is whether the suit building is exempted under the provisions of section 30 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The suit property and the adjoining properties on the oast and west belong to the plaintiffs. They were originally constructed with mud walls. Since they were in a dilapidated condition, the plaintiffs claimed to have demolished the same and put up new constructions in the month of December, 1966. The defendant became a tenant in respect of one of the shops so put up on a monthly rent of Rs. 100. Originally he was to occupy the property for only one year . But, even after the expiry of the period of one year, the defendant continued to occupy the shop and did not vacate the premises. The plaintiffs claimed that they required the shop for their convenient enjoyment and also for additional accommodation. They pointed out that the entire construction of the property having been completed in 1966, the provisions of section 3) of the Tamil Nadu Buildings (Lease and Rent Control) Act would apply so as to except the building from the operation of the said Act. They, therefore, came forwar




























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