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1976 Supreme(Mad) 100

P.R.GOKULAKRISHNAN
M. Govindarajulu – Appellant
Versus
M. Jayaraman – Respondent


Advocates:
T. Viswanatha Rao, for Petitioner.
S. Pichai and Basheer Ahmed, for Respondent.

Judgment- The tenant is the revision petitioner herein. The respondent herein, who is the landlord, filed an eviction petition under sections 10(3) (a) (i) and 10 (3) (c) of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1960. The respondent here in averred in the eviction petition that he has no other residential house in the City of Madras, that he filed an eviction petition against all the tenants in the premises including the respondent, that the eviction petition against the tenant herein, was dismissed as the tenant claimed to be entitled to the protection under section 10 (4) (i) of the Act, that the landlord then moved the Government under section 29 of the Act and got exemption with regard to the benefit of section 10 (4) (i) of the Act and that since the tenant did not vacate, the landlord, after giving lawyer’s notice, filed the eviction petition. The landlord has further averred that since he wanted the whole of the premises for his own occupation, he has kept the portions that had fallen vacant under lock and key as it is not suitable or sufficient.

2. The tenant, as the respondent in the eviction petition, contended that the order in H.R.C.No.395 of 196





















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