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1975 Supreme(Mad) 402

RAMAPRASADA RAO
Chandravalli Bai – Appellant
Versus
Sha Poonamchand Hittalal – Respondent


Judgement

ORDER:- The Rent Controller Appellate authority certainly has exceeded its limits in the exercise of its jurisdiction and has chosen to bypass the well accepted principle laid down by a Division Bench of this Court and which itself has stood the test of time for a considerable time. The petitioner landlady wanted the respondent to vacate the portion of the building in 202 N.S.C. Bose Road, Madras, for the avowed purposes of demolition and reconstruction of the same. The petition was filed under Section 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 hereinafter referred to as the Act. The Rent Controller rightly ordered eviction. On appeal the appellate authority by a cavalier reasoning but without applying the well established law of the State as laid down by the Division Bench of this Court has reversed the same and allowed the appeal and remitted the matter back to the Rent Controller for a disposal of the same in the light of the observations made by him. According to the appellate authority if there are other tenants occupying any other portion of the same building and no eviction application has been filed against any one or more of them the




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