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1993 Supreme(Mad) 688

THANGAMANI
Muthukrishnan – Appellant
Versus
Sakthi Shanmugavel – Respondent


Judgment :

The revision petitioner is the tenant/ respondent in R.C.O.P. No. 12 of 1991 on the file of Rent Controllercum District Munsif, Dindigul. The landlord filed that application under Secs.10(3)(a)(i) and 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960. The landlord alleged that recently he has retired from Government service. He has no other house except the petition house in Dindigul. He is now put up in a rented building in Namakkal. He requires the building for his residence at Dindigul. Even while he was in service he had written letters to the tenant seeking the house for his accommodation after retirement. The landlord also claimed that the building was constructed 100 years ago and since it is in dilapidated condition, he wants the same for demolition and reconstruction. The trial court allowed his application only on the first ground. The appeal preferred by the tenant in R.C.A.No.22 of 1992 was also dismissed by the appellate authority. Now the tenant has come forward with this civil revision petition against the said orders.

2. Both the courts below have found that the landlord has no other building in Dindigul. There is no dispute tha


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