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2000 Supreme(Mad) 311

S.S.SUBRAMANI
Jaypee Electronics (P) Ltd. , Chennai – Appellant
Versus
A. V. Appasamy – Respondent


Advocates:
S.V.Jayaraman, Senior Counsel, for S.Thiruvenkataswamy, for Petitioner.
P.B.Balaji, for Respondent.

ORDER: Tenant in R.C.O.P.No.1509 of 1993 on the file of XV Small Causes Court, Madras is the revision petitioner herein.

2. Landlord filed eviction petition on the ground that the building requires immediate demolition and reconstruction. According to landlord, the building is more than 80 years old and situated in one of the most important places of Madras. He wanted to put up a shopping complex in Door Nos.788 and 789 with modern facilities and to augment his income. He averred that he got financial capacity to put up new construction and also taken permission from local authorities to demolish the structure. Statutory undertaking is also given. According to landlord. the claim is bona fide.

3. As against the said contention petitioner herein disputed the genuineness of the claim. According to petitioner, landlord himself moved an application for fixation of fair rent in respect of very same premises and obtained an order getting enhancement of rent. That shows the lack of good faith in filing the present application. It is further submitted that when landlord wanted to demolish Door Nos.788 and 789, no evidence have been let in to show what steps he had taken to evict the tenant




























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