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1994 Supreme(Mad) 338

ABDUL HADI
Mohamed Rowther – Appellant
Versus
S. S. Rajalinga Raja and Others – Respondent


Advocates:
T.N. Vallinayagam, for Petitioner. B. Kumar, for Respondents.

Judgment :

The tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, (hereinafter referred to as ‘the Act’) is the petitioner is this civil revision petition against the concurrent eviction order passed, one by the Appellate Authority in R.C.A.No.1 of 1993 and another by the Rent Controller in R.C.O.P.No.21 of 1989.

2. The Rent Controller passed the eviction order on three different grounds, viz., (1) wilful default for a period of 11 months from September, 1988 in the payment of monthly rents.(under Sec.l0(2)(i) of the Act, (2) the respondents landlords bona fide require the petition building for demolition and reconstruction (under Sec.14(1)(b) of the Act, and (3) denial of title of the landlords with reference to the superstructure on the petition-site. (No doubt in the R.C.O.P. the respondents- landlords have not specifically raised this ground of denial of title, but as against the plea of the landlords that both the site and superstructure were leased out to the petitioner, the tenant claimed that only site was leased out to him and the superstructure was his. The Rent Controller held that both the land and the superstructure were together leased out to the













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