RATNAM
R. V. Dharmalinga Mudaliar – Appellant
Versus
K. Annamalai – Respondent
ORDER:- The only contention urged in this civil revision petition at the instance of the tenant is that the application filed by the respondent herein under S.10 (3) (c) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960, as amended by Act 23 of 1973, (hereinafter referred to as the Act) for an order of eviction against the petitioner is not maintainable. The petitioner is a tenant in respect of the first floor in premises No. 76 T.K. Mudali St. Choolai, Madras 7 on a monthly rent of Rs. 85. Admittedly, the respondent is the landlord of the premises. According to the case of the respondent, his first wife's son, who is working as an Executive Engineer in the Corporation of Madras, requested the respondent to provide him with a portion in order to set up his family separately and that in May 1976, when the second floor portion fell vacant, the respondent made it available to his son. Alleging that the second floor portion has asbestos roofing, which makes the premises very hot during day time, that the roofing had also developed leakage and that there is no water facility available for the family of his son, his wife and two children, the respondent filed a
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