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1995 Supreme(Mad) 618

RENGASAMY
B. C. S. Enterprises – Appellant
Versus
Ashok Kumar Lunia – Respondent


Appearing Advocates:Mr. S. Balasubramaniam, Advocate for the petitioner; Mr. D. Sankaran, Advocate for the respondent.

Judgment :-

This revision is against the order of the learned VII Judge of Court of Small Causes (Appellate Authority) under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 confirming the order of the Rent Controller, Madras, permitting for the amendment of the pleadings. The respondent/tenant is the revision petitioner. The landlord filed the petition for eviction of the revision petitioner, who is his tenant, under Section 10 (2) (i) and also for additional accommodation under Section 10 (3) (c) of the Tamil Nadu Buildings (Lease and Rent Control Act, 1960,) herein after to be referred to as the Act. He has not specifically pleaded that the hardship that the respondent may likely to suffer is much less when compared to the hardship which he would be facing if the additional accommodation was not granted and he would be put to un told sufferings and hardships. Therefore, he filed the petition M.P.No. 682 of 1991 in R.C.O.P. No.2205 of 1989 on the file of the Rent Controller for amendment of the petitioner to include a paragraph specifically mentioning that his hardship will be more than the hardship that may likely to occur to the tenant in the event of the additional




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