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1997 Supreme(Mad) 101

K.GOVINDARAJAN
Hotel De-Broadway, rep. by its Managing Partner, M. Jamaludeen, No. 196, Old No. 69/70, Broadway, Madras-1 – Appellant
Versus
Snow White Industrial Corporation rep. by its partners, and others – Respondent


Mr. N.S. Varadachari, Advocate for Petitioner. Mr. Kalayan Jhabak for M/s. Surana & Surana, Advocates for Respondents.

Judgment :

.1. The landlord who succeeded before the Rent Controller and failed before the Appellate Authority, is the petitioner. The petitioner is a registered firm and is a lessee of the building bearing Door No.196, Broadway, Madras-1, from one K.T.M.S.Ahmed. The said building consists of ground floor, first and second floors. The petitioner was running a lodging and boarding in the entire first and second floors with a restaurant on the ground floor. Due to some labour problems, the petitioner discontinued the running of the restaurant. Thereafter the first respondent took the southern portion of the ground floor of the premises on lease on a monthly rent of Rs.725. It is the case of the petitioner that at the relevant time of leasing out the said portion, the petitioner was running a restaurant. The restaurant was closed due to labour problem. It is the case of the petitioner-landlord that there was a need to restart a restaurant in the premises to cater to the needs of the inmates of the lodging house and due to non-availability of the restaurant, the volume of business in the lodging house had decreased. To reopen the restaurant, the petitioner applied on 111. 1982 to the C























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