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1964 Supreme(Mad) 443

VENKATADRI
R. V. N. Chandrasekara Chetty – Appellant
Versus
Kakumani Adikesavalu Chettys Charities – Respondent


Advocates:
R. Sundaralingam, R. Parthasarathy, S.A. Rahman Jan and Sam and S.N. Balaraman, for Petitioner; P. Srinivasa Iyengar, V.D. Gopal, P.S. Varadan, P. Venkataswami and S. Gopal for Respondent.

JUDGMENT : These petitions were heard together, as the question of law and of fact raised in all of them was a common one.

2. The petitions arise out of the proceedings before the Rent Controller filed by the landlord in each case that the required the premises bona fide for the purpose of immediate demolition and reconstruction under S. 14(1)(b) of the Madras Buildings (Lease and Kent Control) Act, 1960. The tenants contended in all these petitions that the application of the landlord was not a bona fide one, that the condition of the building was good and that the landlord was making use of the provisions in the Act for getting enhanced rent. The finding of the Rent Controller as well as of the appellate authority in all these cases was that the building in question in each of the applications was very old, that the landlord had ample resources to invest in the new building proposed to be constructed after demolition and that the application was bona fide. The tenant in each of the applications has therefore come to this court in revision.

3. The question that arises for consideration is whether it is necessary for the landlord to prove that the building is in a dangerous or dilapi









































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