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1989 Supreme(Mad) 192

BELLIE, K.M.NATARAJAN, NAINAR SUNDARAM
M. Aishath Najiya – Appellant
Versus
Lalchand Kewalram – Respondent


Advocates:
N.S. Varadachari, C.P. Pattabhiraman, N.C. Ramesh and S. Subramaniam, for Petitioner; S.B. Fazluddin, H. Kishore, Inamdar Abdul Quayum, S. Raghavan and K. V. Venkatapathi, for Respondents.

Judgement

K.M. NATARAJAN, J.: - On a reference made by the learned Chief Justice, the matter came up before this Full Bench to resolve the apparent conflict between the judgments of the Division Benches of this Court in V. Danumall v. Syed All Mohamed, (1969) 1 Mad LJ 184: (AIR 1969 Mad 214) and V.R. Jayaram v. N.S. Ramalingam, 1979 TNLJ 393. The question that requires an answer by us in this reference is whether the landlord is entitled to maintain an application for eviction under S. 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act) on the ground of requirement of the premises for accommodating the partnership business where one of the members of the family is a partner. C. R. P. No.2791 of 1983 arises out of a petition in H. R. C.O.P. No.352 of 1981 wherein it is stated that the non-residential premises bearing new Door No.10, Ratan Bazar Road and new Door No.10 Ashtabujam Lane described as items 1 and 2 in the schedule, were let out to the first respondents. The petitioner is carrying on business in partnership under the name and style of 'Mahnoor' at Door No.208, Purasawakkan High Road which is a rented building. Since t


























































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