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2003 Supreme(Mad) 749

K.GNANAPRAKASAM
T. Soundarapandian – Appellant
Versus
G. Rathinam – Respondent


Advocates Appeared:For the Petitioner:Mr. S. Subbiah, Advocate. For the Respondents:Mr. T. Srinivasa Raghavan, Advocate.

Judgment :-

1.The landlord is the petitioner in RCOP.No.1/1992, before the District Munsif Court, Madurai Taluk, and the said Petition was filed under Section 10(2)(i) and 10 (3)(a)(ii) of the Tamil Nadu Buildings Lease and Rent Control Act, 1968, for eviction of the tenant on the ground that the tenant has committed wilful default in payment of rent and the petitioner requires the premises for his own use or for the use of any member of his family and in this case to run a shop for his son. The Rent Controller passed an order of eviction only on the ground of owner's occupation and rejected the ground of wilful default in payment of rent. The tenant preferred an appeal in RCA.No.31/1994, before the Rent Control Appellate Authority (Subordinate Judge), Madurai and the said appeal was allowed. Aggrieved by the same, the landlord has preferred this civil revision petition.

2.The case of the petitioner is that he is the owner of the petition premises and the respondent is a tenant on a monthly rent of Rs.125/- and the said rent is payable on or before 5th of every Tamil Calendar Month. The tenant is always irregular in payment of rent and he paid rents upto the month of Karthigai, Pra
























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