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1999 Supreme(Mad) 2849

S.S.SUBRAMANI
M. Balu – Appellant
Versus
K. Jawahar and others – Respondent


Advocates:
K.Mohan Ram, for Petitioner. P.Peppin Fernando, for Respondents.

Judgment :

Tenant in R.C.O.P.No.41 of 1988 on the file of Rent Controller, Tirunelveli is the revision petitioner.

2. Landlord filed application for eviction of tenant on the ground of wilful default, for different user, tenant has committed active waste in the property and also causing nuisance to neighbours and also ceased to occupy the building for more than six months without any reasonable cause. Rent Controller after taking evidence held that tenant is liable to be evicted only on the ground of wilful default and making use of the building for other use other than for which the building is let out. All the other grounds are found against. The same has become final.

3. Challenging the order of Rent Controller, tenant filed R.C.A.No.51 of 1993 before Appellate Authority, Tirunelveli, Appellate Authority also confirmed the decision of Rent Controller by dismissing the appeal. The same is challenged in this revision petition.

4. In his eviction petition, landlord contended that the building is a non-residential building and including scheduled premises, there are nine shop rooms, all used for nonresidential purposes only. Petitioner herein was allowed to occupy the building on























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