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1998 Supreme(Mad) 1701

K.GOVINDARAJAN
Mrs. Rookshana Nazir – Appellant
Versus
U. M. D. Shaukathulla and 5 others – Respondent


Advocates:
Mr. J.R.K. Bhavanandam, in C.R.Ps. 156 & 293/95 Advocate for Petitioners; M/S. Himmatmal Mardia, C.R.P. 201/95 Advocate for the Petitioners.; Mr.Lakshmi Narain, Advocate for the Petitioners C .R.P.223 of 1995. Mr.T.R. Mani, Senior Counsel, for M/s. Shah & Shah, C JU\ 228 of 1995 M/s. Shah & Shah, C.R.Ps. 224 to 227 of 1995 & 229 of 1995 Advocate for Petitioners. Mr.T. Viswanatha Rao, C.R.P.344 of 1995, Mr. D. Ashok Kumar, C.R.Ps. 3248 to 3250 of 1995 Advocate for Petitioners. Mr. R. Krishnamoorthy, Senior Counsel, for Mr. A.J. Abdul Razack, in all C.R.Ps. Advocate for the Respondents.

Judgment :

1. In all these revisions, the respondents are the owners of the petition mentioned building and the petitioners are the tenants. The respondents/landlords filed the respective petitions for eviction against all these petitioners/tenants under Section 14 (1)

(b) of the Tamil Nadu Buildings (Lease & Rent Control) Act 18 of 1960 on the ground that the building in question is situated in a highly commercial locality, that the age of the building is more than 70 years and it has outlived its age, that the building is structurally unsound and requires immediate demolition and reconstruction and that they have decided to demolish the existing building and construct a shopping-cum-commercial complex using the latest technology, by which the building will yield very good returns, not less than five times of the present rent. With respect to the capacity to reconstruct the building it is stated by the respondents that they are possessing necessary means to carry out the same. It is also stated that they are preparing necessary plan for obtaining sanction from the concerned authorities.

.2. The respective petitioners/tenants resisted the eviction petitions mainly on the ground tha













































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