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1989 Supreme(Mad) 636

ABDUL HADI
A. S. Mohamed Yosuff – Appellant
Versus
A. K. Anwar Basha – Respondent


ORDER

Abdul Hadi, J.

1. This Civil Revision Petition by the tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act is against the order of the appellate authority confirming the eviction order passed by the Rent Controller.

2. Three grounds were raised for eviction, namely, (1) Wilful default in the payment of rent; (2) Owner's occupation and (3) demolition and reconstruction. On the latter two grounds both the courts below concurred. On the former ground of wilful default, though the Rent Controller held that there was default in the payment of rent for the period in question, namely 15.1978 to 315.1980 he did not hold it as wilful. But the appellate authority held it is wilful also.

3. So far as demolition and reconstruction, the following passage in Ex.B.1 letter dt. 25.4.1980 sent by the counsel for the tenant is significant. 'As the house (demised building) was also damaged by the fire accident, which took place about seven years ago in that area, the thatches have to be renewed now and they are in damaged condition. Further the eastern wall was affected by the fire accident. It is fully damaged and it is in a falling condition and it is dangerous to all the inmates of





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