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1989 Supreme(Mad) 154

K.M.NATARAJAN
V. Govindarajulu – Appellant
Versus
T. Govindarajulu – Respondent


ORDER

K.M. Natarajan, J.

1. This revision is directed by the tenant, against the order passed by the appellate authority, Coimbatore, dismissing the appeal and confirming the order passed by the Rent Controller.

2. The facts which arc necessary for the disposal of this revision can be briefly stated as follows:

The respondent (landlord) filed a petition for eviction against the petitioner herein (tenant) on the grounds of wilful default payment of rent and bona fide, requirement of the building for the purpose of demolition and reconstruction. He also filed an application, I.A. No. 147 of 1987 under Section 18-A of the Tamil Nadu Buildings (Lease and Rent Control) Act, as amended, to appoint a Commissioner to examine the respondent at his residence contending that he suffered paralytic stroke and as such he is incapacitated for more than four years, that he is unable to move about from the house and that he cannot appear in court and depose in the case. The said application is resisted by the petitioner herein who would contend that the said allegation that the respondent is incapacitated is false.... He would further state that the respondent had mild stroke about four years ago and h












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