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1994 Supreme(Mad) 468

THANIKKACHALAM
M. Y. Mohamed Ismail – Appellant
Versus
Sashi Sachdev, Bharat Surgical Corporation, Madras – Respondent


Advocates:
P. Rajamanickam, for Petitioner. V. Narayanaswamy, for Respondent.

Judgment :

The tenant is the petitioner herein. The landlord filed a petition for eviction against the tenant on the grounds of wilful default in payment of rent and owner’s occupation under Secs. 10(2)(i) and 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended by Act 23 of 1973 and by Act 1 of 1980 (hereinafter referred to as ‘the Act’). During the pendency of the eviction petition, the landlord filed a petition under Sec. 11 (4) of the Act to collect the arrears of rent payable by the tenant, amounting to Rs.21,000 from June, 1991 to December, 1991. The tenant filed a counter alleging that there is no relationship of landlord and tenant between the petitioner and the respondent in the eviction petition. The tenant also submitted that he was depositing the rent in the bank as per the passbook issued by the bank. Such deposit was made in his own name. According to the tenant, he need not pay the rent to the landlord since the petition premises was purchased by him and the landlord together on 22. 1981. According to the tenant, the landlord also filed a suit O.S.No.722 of 1992 on the file of the V Assistant Judge, City Civil Court at Madras. Therefo






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