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2005 Supreme(Mad) 1038

M.THANIKACHALAM
Nangayarammal & Another – Appellant
Versus
Lalitha Shenbagam – Respondent


Advocates Appeared:For the Petitioners:D. Rajendran, Advocate. For the Respondent:K. Srinivasan, Advocate.

Judgment :-

(This petition is preferred under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Tamil Nadu Act 18 of 1960 as amended by Act 23 of 1973 and Act 1 of 1980 against the fair and decreetal order dated 11.10.2004 made in RCA No.6 of 2004 on the file of the Rent Control Appellate Authority/Subordinate Judge, Kovilpatti confirming the fair and decreetal order dated 9.12.2003 made in RCOP No.6 of 2003 on the file of the Rent Controller/District Munsif, Kovilpatti.)

The tenants are the revision petitioners.

2. The respondent herein, as landlord, has filed RCOP No.6 of 2003 on the file of the Rent Controller (District Munsif), Kovilpatti, seeking an eviction order against the revision petitioners on the ground of willful default, under Section 10(2)(i) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960, hereinafter called "the Act". The non-payment of rent, which is sought to be labelled as willful default, giving a ground for eviction, has spread over only for five months, i.e. from May, 2002 to October, 2002.

3. The revision petitioners/tenants opposed the application, admitting the non payment of rents, for the said period, contending that
















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