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1997 Supreme(Mad) 406

S.S.SUBRAMANI
A. Duraiswami – Appellant
Versus
A. Arumugham – Respondent


Advocates:
K.Srinivasan, for Petitioner. Mrs.M.Vidya, for Respondent.

Judgment :

Tenant in R.C.O.P.No.17 of 1990, on the file of Rent Controller, Tiruppur, is the revision petitioner.

2. Eviction was sought by respondent herein on the ground that the revision petitioner has committed wilful default in payment of rent for a period of eight months at the rate of Rs.700 per mensem. There was a further averment that the tenant has sub-let the building without the written consent of the landlord and that he has also committed acts of waste which has reduced the value and utility of the building permanently.

3. The said allegations were seriously opposed by the revision petitioner. In his counter statement, he further said that he is not the real tenant, but his brother Kondappan is doing business under the name and style of ‘A.K.N. Textiles’, and he is not liable to pay rent much less arrears of rent. He further denied having sub-let the building. Regarding the allegations of waste, it was further contended that he has not done any act which has affected the utility of the building and, therefore, eviction cannot be allowed.

4. Rent Controller, as per order dated 111. 1991, held that the revision petitioner is liable to be evicted on two grounds, namely









































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