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1975 Supreme(Mad) 88

R.PAUL
G. Ambiga Ammal – Appellant
Versus
Selvaraja Mudaliar – Respondent


Advocates:
M. S. Venkatarama Iyer and N. C. Rangaswamy, for Petitioner.
S. Arasappa, for Respondent.

ORDER.-This revision petition under section 25 of the Madras Buildings (Lease and Rent Control) Act, 1960 is filed by one Ambiga Animal who is the trustee of Sri Pandurangaswami Bhajanai Koil and who filed an application before the learned Rent Controller under sections 10 (2) (i), 10 (2) (ii), (b), 10 (2) (iii) and 10 (2) (v) of the Madras Buildings (Lease and Rent Control) Act for eviction of the respondent who is a tenant in respect of a shop adjacent to the Sri Pandurangaswami Bhajanai Koil, which premises belongs to the aforesaid Sri Pandurangaswami Bhajanai Koil. The revision petitioner sought the eviction of the tenant on the following grounds: (1) that the tenant committed wilful default in the payment of rent; (2) that the tenant committed acts of waste in the premises; (3) that he caused nuisance to the occupiers of the other premises; and (4) that the tenant had converted the non-residential portion into a residential one. The tenant refuted those assertions and contended that the eviction petition is not maintainable, since there was no valid notice terminating the tenancy. The learned Rent Controller found that there was no wilful default in the payment of rent and tha








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