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1995 Supreme(Mad) 879

THANIKKACHALAM
P. Janakiraman – Appellant
Versus
N. Umadevi and Others – Respondent


Advocates:
K.Srinivasan, for Petitioner. T.R. Rajaraman for M. Kamalanathan, for Respondents.

Judgment :

The landlord is the petitioner herein. The landlord filed R.C.O.P. No. 1530 of 1986 on the file of XIV Judge, Court of Small Causes, Madras, for eviction against the tenants under Secs.l0(2)(i) and 10(3)(a)(i) and 10(2)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Act, on the grounds of wilful default in payment of rent for owner’s occupation and for acts of waste. According to the landlord, he is the owner of the petitioner premises. The mother of the present tenants Tmt. Rathinam was the tenant on a monthly rent of Rs.220. The landlord filed H.R.C. No.737 of 1976 under Sec.4 of the Act for determining the fair rent. The rent controller determined the fair rent at Rs.738 per month. The tenant filed an appeal H.R.A. No.412 of 1982 as against the order passed in H.R.C. No.737 of 1976. In the appeal, the Rent Control Appellate Authority determined the fair rent at Rs.691 per month payable from the date of filing the petition. As against the said order, the tenant filed C.R.P.Nos. 3843 and 3844 of 1982. When these revisions were pending in the High Court, Tmt. Rathinam died. C.M.P. No. 12437 of 1982 and C.M.P. No.12214 o














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