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1978 Supreme(Mad) 25

P.GOVINDAN NAIR, V.RAMASWAMI
K. Krishnan – Appellant
Versus
Munusamy – Respondent


Judgement

GOVINDAN NAIR, C.J. :- This is a civil revision petition against the order passed by the appellate authority under the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 (Tamil Nadu Act 18 of 1960) (hereinafter referred to as the Act), taken by the tenant complaining against the order of eviction passed by the appellate authority under S.14(1) (b) of the said Act.

2. The petition for eviction was dismissed by the first authority on the ground that the requirement of the building for demolishing and erecting a new building on the same site has not been established.

3. S.14(1)(a) and (b) and S.14(2)(a) and (b) which are necessary for our purpose run as follows -

S.14. Recovery of possession by landlord for reconstruction -

(1) Notwithstanding anything contained in this Act, but subject to the provisions of Ss.12 and 13, on an application made by a landlord, the Controller shall, if he is satisfied -

(a) that the building is bona fide required by the landlord for carrying out repairs which cannot be carried out without the building being vacated; or

(b) that the building is bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is

































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