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1994 Supreme(Mad) 297

PRATAP SINGH
S. P. Sabapathi Pillai – Appellant
Versus
M. Durga – Respondent


Appearing Advocates:R. Subramanian, G. Subramanian, Advocates.

Judgment :-

This Civil Revision Petition is directed against the order passed in R.C.A. 332/92 on the file of Appellate Authority (IV Judge, Court of Small Causes, Madras), in which the learned Appellate Authority had allowed the appeal and set aside the order in RCOP. 1462/ 88 passed by the Rent Controller (XVI Judge, Court of Small Causes, Madras) and thereby had allowed the petition.

2. Short facts are:

The respondent has filed RCOP. No. 1462/ 88 against the petitioner for eviction under Section 10(2)(i)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (which I shall hereafter refer to as 'the Act'). The allegations in it are briefly as follows:-

The respondent is a tenant of the petitioner in respect of non-residential building bearing Door No. 9/ 1, Srinivasa Road, T. Nagar for the purpose of running a hotel on a monthly rent of Rs. 400/-. The respondent was carrying the hotel business under the name and style of "Vijayalakshmi Tiffin Centre". In the second week of April, 1988; after her return from Vijayawada, the petitioner was surprised to find the business of cool drinks bar in the demised premises. Without the written consent of the petitioner, the responden













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