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2004 Supreme(Mad) 653

S.SARDAR ZACKRIA HUSSAIN
G. Chandra – Appellant
Versus
Marimuthu – Respondent


Advocates:
V.R.Venkatesan, for Petitioner.
S.Subbiah, for Respondent.

ORDER: The landlady is the revision petitioner. The revision is filed against the order of the learned Rent Control Appellate Authority allowing the R.C.A.No.92 of 1997 filed by the tenant against the eviction ordered by the learned Rent Controller on the ground of own use and occupation in respect of the petition residential premises.

2. The landlady filed the Rent Control Original Petition for eviction on the ground of wilful default in payment of rent for 8 months from December, 1991 to July, 1992 at the rate of Rs.450 per month and that the petition premises is required bona fide for own use and occupation with her family members and stating that she is residing in the rented building.

3. The Rent Control Original Petition was opposed by the respondent/tenant by filing counter, in which it is stated that even during lifetime of the landlady’s father Rajagopal Naidu, he was owning other buildings in which he was residing in one of such buildings and the revision petitioner is also residing in her own building and therefore, the requirement of the petition premises for own use and occupation is without bona fide. It is further stated that the respondent has not committed default wi





















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