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1986 Supreme(Mad) 66

MAHESWARAN
The Madras District Central Co-Operative Bank Limited, Mylapore Branch – Appellant
Versus
A. Venkatesh – Respondent


ORDER

Maheswaran, J.

1. This revision is directed against the order of the Appellate Authority (Rent Control), Madras, in R.C.A. No. 1231 of 1982 reversing the order of the Rent Controller, Madras, in H.R.C. No. 2072 of 1981.

2. The respondent (referred to as landlord hereinafter) applied to the Rent Controller for eviction of the revision petitioner, the tenant, on the ground that the petition schedule premises which he has purchased is required by him for carrying on business as he does not own a non-residential building of his own. The tenant is a Co-operative Rank. The rent payable is Rs. 1,000. The contention of the respondent is that the claim of the landlord is not bona fide as he is not doing any business of his own and as he is doing a family business in his family house at No. 155, Cutchery Road, Mylapore. in an additional counter, the tenant contended that in a partition among the members of the family of the landlord, the premises No. 155, Cutchery Road, Mylapore, has been allotted to the landlord and his brothers and that he carries on joint family business in that premises and therefore he is not entitled to invoke the provisions of Section 10(3)(a)(iii) of the Tamil Nad







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