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2000 Supreme(Mad) 23

S.S.SUBRAMANI
T. N. Narayanasamy – Appellant
Versus
N. Govindaraj – Respondent


Advocates:
R.T. Doraisamy, for Petitioner. S. Silambannan, for Respondent.

Judgment :

Tenant in R.C.O.P.No.14 of 1995 on the file of Rent Controller/III Additional District Munsif, Coimbatore is the revision petitioner herein.

2. Landlord claimed eviction on the ground that tenant has committed active waste in the property and also on the ground that the building is required for own occupation of his son who has been married and who has no building of his own.

3. It is the case of landlord that tenant has constructed a water tank in front of the house and is also making use the front portion as bathroom and consequently water gets stagnated and the same has affected the wall and floor of the building. This according to landlord is active waste which has affected the utility and strength of the building permanently. It is also alleged by landlord that one of his sons got married in 1993 and he is not having building of his own and he along with his wife is now residing in a rented building. He wants to occupy the scheduled building.

4. In the counter-statement filed by tenant/revision petitioner, he denied both these allegations. According to him, contention of landlord that there are eight members in his family and all of them are residing in the house i







































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