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1970 Supreme(Mad) 150

RAMAPRASADA RAO, RAMANUJAM
Laswaran Chettiar – Appellant
Versus
K. Subbarayan – Respondent


Advocates:
R. Sriniyasan and P. Guru Ramachandran, for Petitioner; V. Ratnam, for Respondent.

Judgement

RAMAPRASADA RAO, J.:- In this civil revision petition the tenant who is the aggrieved party is the petitioner. The landlord filed an application for eviction of the petitioner on the ground that he bona fide required the non-residential building in the occupation of the petitioner for purposes of his own business, and the petition was filed under Section 10 (3) (a) (iii) of the Madras Buildings (Lease and Rent Control) Act, 1960. The petitioner resisted the same on the ground that the respondent was occupying a non-residential building of his own for purposes of his oil business, and there was no bona fides in the application either. The landlord (respondent) succeeded before the Rent Controller, but failed before the appellate authority. On a further revision petition to the District Judge, West Thanjavur, the Court allowed the revision petition by agreeing with the Rent Controller, and directed eviction. The matter came before Kailasam, J., and the learned Judge, after hearing the parties made the following order:

"The question that arises in this civil revision petition is whether the landlord who is carrying on his business both manufacture and retail sale of oil, in a
































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