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1993 Supreme(Mad) 760

S.M.ALI MOHAMED
Karra Kondamma – Appellant
Versus
Karra Nagamma – Respondent


Advocates:
P. Subba Reddy, for Petitioner. W.S.Venkataraman, for Respondent.

Judgment :

This revision petition is against the order in R.C.A.No.5 of 1986 dated 111. 19S6 of the appellate authority under the Tamil Nadu Buildings (Lease and Rent Control) Act.

2. The petitioners herein is the landlord. The petitioner herein filed a petition under Sec.l0(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as ‘the Act’) for eviction of the tenant in respect of a residential premises No.16, Perumal Koil Garden, 10th Lane, Sowcarpet, on the ground of wilful default. The Rent Controller allowed the petition. The respondent/tenant preferred an appeal before the appellate authorily in R.C.A.No.3 of 1986 and the same was allowed. Aggrieved by the said order of the appellate authority, the petitioner/landlord, has preferred this revision petition.

3. It is vehemently con tended by the learned counsel for the petitioner that the impugned order of the appellate authority is erroneous and unsustainable in law. The learned counsel submitted that there was arrears of rent for a period of six months from March, 1984 to August, 1984 and the petitioner/landlord issued a notice under Ex.P-S dated 9. 1984 in accordance with the Explanation to





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