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1997 Supreme(Mad) 512

S.S.SUBRAMANI
S. Kattappan and another – Appellant
Versus
Civil Advocates Clerks Association, reb. by its president 5A Collector office Road Dindigul Town – Respondent


Advocates:
Mr.S. Natarajan Advocate for Petitioners. Mr.V. Ragavachari Advocate for Respondent.

Judgment :

1. C.R.P. No. 1386 of 1993 is by the tenant and C.R.P. No. 3181 of 1993 is by the landlord. They arise from the same proceedings in R.C.O.P. No. 21 of 1986, on the file of Rent Controller (Principal District Munsif) Dindigul.

.2. Parties herein will be referred to according to their array in the rent control proceedings.

3. Landlord sought eviction of the tenant on the ground that he has committed wilful default in payment of rent and the building also requires immediate demolition and reconstruction.

4. Both the grounds were opposed by the tenant.

5. Rent Controller recorded evidence, both oral and documentary, and after considering them in detail he ordered eviction.

6. The matter was taken on Appeal by the tenant in R.C.A. No. 31 of 1990 on the file of Principal Sub ordinate Judge, (Appellate Authority) Dindigul. The Appellate Authority confirmed the order of eviction in so far as the finding that the building requires immediate demolition and reconstruction is concerned. But it was found that he is not in liable to be evicted on the ground of wilful default in payment of rent. That is how two Revision Petitions are filed, one by the landlord and the other by



















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