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1998 Supreme(Mad) 257

R.BALASUBRAMANIAN
Purandara Vittal – Appellant
Versus
Mrs. Radha Bai, Dr. S. E. Shivasankar, represented by Power Agent, V. S. Palaniandi, No. 179, Westwood Avenue, Dilawaudio-43015, U. S. A. – Respondent


Advocates:
T.V. Krishnamachari, for Appellant. M.S. Umapathy, for Respondent.

Judgment :

The revision petitioner is the tenant in R.C.O.P.No.3943 of 1983 on the file of the 10th Court of Small Causes, Madras (Rent Controller) and the appellant in R.C.A.No.246 of 1989 on the file of the 7th Court of Small Causes, Madras (Appellate Authority). The respondents are the petitioners in the rent control petition and the respondents in the appeal. Eviction was sought for in this rent control petition by the respondents on two grounds namely, wilful default in the payment of the rent and for different user. There were two connected rent control petitions, namely R.C.O.P.No.3338 of 1984 between the same parties for eviction on the ground of owner’s occupation (residential) and demolition and reconstruction and R.C.O.P.No.4097 of 1984, for fixation of fair rent. In R.C.O.P.No.3338 of 1984 the relief based on demolition and reconstruction was given up. The finding on the owner’s occupation went against the landlord. In R.C.O.P.No.4097 of 1984, the fair rent was fixed at Rs.507 per month. However, in this revision, we are not concerned with R.C.O.P.No.3338 of 1984 and R.C.O.P.No.4097 of 1984. As far as R.C.O.P.No.3493 of 1983 is concerned, the learned Rent Controller orde










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