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1997 Supreme(Mad) 516

A.R.LAKSHMANAN
Kuthalingam – Appellant
Versus
JahirHussain – Respondent


Advocates:
Sankara Subramaniam, for Petitioner. C.Selvaraj, for Respondent.

Judgment :

The tenant is the petitioner in this revision. The respondent is the landlord. He is the owner of the premises Door Nos.29,30,31,40-A and 40-B of Servaikaran Pudhu Street, Ward No.2, Street No.11, Shengottah. The petitioner tenant is the lessee of Door No.30 of the same building. The respondent filed the petition in R.C.O.P. No.2 of 1994 on the file of the Rent Controller, Shengottah for evicting the petitioner from the said premises on two grounds namely, wilful default in payment of rent and bona fide requirement for additional accommodation. The rent controller rejected the petition for eviction filed by the respondent herein on both the grounds and dismissed the petition on 29. 1995. As against this order, the landlord preferred R.C.A. No.8 of 1995. Before the Appellate Authority, the grounds of wilful default of payment of rent was not proved. The lower Appellate Authority accepted the case of the respondent landlord on the ground of bona fide requirement for additional accommodation and allowed the appeal. The order of the lower appellate court was passed on 211. 1996. The correctness of the order of the appellate authority ordering eviction on the ground of bona fi




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