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1984 Supreme(Mad) 66

G.RAMANUJAM
M. Abdul Rahman – Appellant
Versus
S. Sadasivam – Respondent


ORDER

G. Ramanujam, J.

1. This revision is filed by the landlord against the order of the Appellate Authority constituted under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) affirming the order of the Rent Controller, dismissing his eviction petition filed against the respondent tenant.

2. The landlord/petitioner herein filed an eviction petition under Section 10(2)(i) of the Act for wilful default in payment of rent and under Section 10(3)(a)(iii) of the Act based on his requirement of the building for his use and occupation for the purpose of carrying on his own business; The tenant-respondent resisted the said eviction petition on the ground that he has not committed willful default in payment of arrears rent and that the claim of the landlord that the building is required for his own use and I occupation for non-residential purposes was not bona fide. The Rent Controller, after considering the evidence, both oral and documentary adduced by both parties, held that the tenant had not committed willful default in payment of the monthly rents and that the claim of the landlord that he requires the premises for his own use and occupati





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