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2000 Supreme(Mad) 794

FAKKIR MOHAMED IBRAHIM KALIFULLA
Srinivasan and another – Appellant
Versus
Santhana Selvaraj and another – Respondent


Advocates:
Mr. T.R. Rajaraman, Advocate for Petitioners. Mr. V. Raghavachari, Advocate
for Respondent No. 1 and No appearance for Respondent No. 2.

Judgment :

1. This Civil Revision Petition is directed against the order of the Appellate Authority under the Tamil Nadu Buildings Lease and Rent Control Act, herein after called ‘the Act’ made in RCA No. 153/89 dated 11. 99, rejecting the petitioners application for eviction on the ground that the claim for owner’s occupation by the petitioners was not bona fide. Before reaching that conclusion, the learned Appellate Authority has also given a finding on one very vital issue viz., as to whether a subsequent purchaser of the petition premises can proceed to claim the relief claimed under the original petition by the erstwhile landlord on the ground of owner’s occupation under Section 10 (3) a (iii) of the Act. In respect of the said question, the Appellate Authority by relying upon the judgment reported in S.V. Chidambara Pillai v. Subramaniam Chettiar , 1989 (2) LW 412 and Arumugha Naicker v. Baladhandayuthapani , 1998 (1) LW 616 was of the view that while the subsequent purchaser was entitled to continue with the proceedings is however bound to prove his bonafide claim for seeking eviction on the ground of owner’s occupation.

2. This revision petition has been filed challenging t












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