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1997 Supreme(Mad) 1323

K.GOVINDARAJAN
T. S. Sethuraman – Appellant
Versus
J. Nagalakshmi and another – Respondent


Advocates:
Mr. A. Chidambaram, Advocate for Petitioner. Mr. P. Sukumar, Advocate for Respondents.

Judgment :

1. The tenant who suffered order of eviction before the authorities below has filed the C.R.P.No.563 of 1997.

2. The landlady filed R.CO.P.No.479 of 1992 on the file of the learned Rent Controller /XVI Judge, Court of Small Causes, Madras under Sections 10(2)(l) and 10(3)

(c) of the Act 18 of 1960. According to the landlady she had leased out the ground floor bearing Door No.66 Scheme Road, Kamdar Nagar, Madras-34 to the respondent/tenant, except in room both attached on a monthly rent of Rs. 1,600. According to the landlady the tenant has not paid the rent from July 1991. In para 5 of the petition, the landlady has stated that since her husband had fallen down and had a fracture in his hip, and he was in the hospital for treatment, he requires periodical checkup in the hospital, and so the petitioner wants to settle at Madras. For that purpose, the above eviction petition was filed. The tenant contested the said petition by filing a counter wherein he has stated that he has paid the arrears and there was no arrears at all. It is the specific case of the tenant that the requirement of the building for additional accommodation is not bona fide.

3. The Rent Controller






















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