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1983 Supreme(Mad) 331

FAKKIR MOHAMMED
The Associated Traders And Engineers Ltd. , By Its Director Incharge – Appellant
Versus
Alamelu Ammal – Respondent


ORDER

Fakkir Mohammed, J.

1. The tenant/respondent in R.G.O.P. No. 80 of 1978 on the file of the Rent Controller (Additional District Munsif), Coimbatore, is the revision petitioner. The respondent herein, who is the landlady filed R.C.O.P. No. 80 of 1978 for eviction of the tenant/petitioner herein on three grounds under Sections 10 () (iii), 10 (2) (i) and 10 (2) (ii) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act). The petition was resisted by the petitioner herein stating that none of the grounds is real or true and that the petition should be dismissed. The learned Rent Controller found all the three grounds against the landlady and dismissed the eviction petition. On appeal by the landlady to the appellate authority, the appellate authority, while confirming the order of the Rent Controller on the ground of different user of the demised building, reversed the findings of the Rent Controller on the grounds of act of waste and wilful default and ordered eviction of the petitioner herein. Hence this revision petition.

The contention of the landlady was that the tenant had broken open the wall dividing two rooms and installed a



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