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2005 Supreme(Mad) 1084

M.THANIKACHALAM
M. Abu Tahir – Appellant
Versus
M. Rahamathulla – Respondent


Advocates:
M.Sriram, for Petitioner.
T.R.Rajaraman, for Respondent.

ORDER: The landlord is the revision petitioner.

2. The revision petitioner, claiming to be the owner of the property described in R.C.O.P.No.2 of 1997 on the file of the District Munsif, Padmanabhapuram, as well as contending that he is the landlord, has filed a petition for eviction of the tenant, on the ground that the tenant/respondent had committed willful default in payment of rent; that the demised premises is required for him to carry on business, which he is already owning and that the building, which is in dilapidated condition, is required for immediate purpose of demolition and reconstruction, invoking the provisions of Tamil Nadu Buildings (Lease and Rent Control)Act, 1960, hereinafter called “the Act” under Secs.l0(2)(i), 10(3)(a)(iii) and 14(i)(b)oftheAct.

3. The respondent/tenant, admitting the tenancy and quantum of rent, opposed the application for eviction on the ground that the landlord alone had refused to receive the rent when tendered, thereby compelling him to deposit the amount into Bank, which was later received by the landlord, showing there was no default, much less willful default, that the premises is not required either for carrying on the business or fo















































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