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1985 Supreme(Mad) 280

M.N.CHANDURKAR
Indian Plywood Manufacturing Company – Appellant
Versus
Balaramiah Chetty – Respondent


ORDER

M.N. Chandurkar, C.J.

1. This is a tenant's revision petition challenging an order of eviction made by the XIII Judge, Court of Small Causes, Madras and confirmed in appeal by the VII 3udge, Appellate Authority, Court of Small Causes, Madras. The landlord is admittedly the owner of the three premises, one is house No. 2/30 (New No. 5) Nainiappa Maistry Street, Madras, the other is No. 97-B, Woodharf, Wall Tax Road, Madras, of which the landlord is the owner of superstructure alone, and the third is the premises in question bearing door No. 169, Coral Merchant' Street, Madras-1.

2. The petition premises No. 169, Coral Merchant Street, Madras, is occupied by the Tenant on a monthly rent of Rs. 1050/-. The landlord made a petition under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Rent Control Act, in which he put-forth the case that his wife and his sons are carrying on business in the name and style of Sri Kanaka Durga Iron Mart at No. 38, Post Office Street, Madras and having a godown at No. 97-B, Woodwharf Wall Tax Road, Madras, in rented premises and since he is not possessed of any place or any godown of











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