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1995 Supreme(Mad) 860

THANIKKACHALAM
A. S. Mani (deceased) by Lrs. Thirunavukkarasu and others – Appellant
Versus
Udipi Hari Niwas rep. by Partners and others – Respondent


Advocates:
Mr. C. Radhakrishnan, Advocate for Petitioner Mr. Ashok Menon, Advocate for Respondent.

Judgment :

.1. The three tenants are the petitioners herein. The landlord is a partnership concern. The landlord filed petition for eviction against each of the tenants under Sec.10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act. The petition premises is situated at No.111, Wall Tax Road, Park Town, Madras 600003. According to the landlord, in the upstairs portion on the front side, the tenants are in occupation. On the rear side of the building, the landlord is carrying on business by running a coffee hotel.

.In the first floor, the landlord is also conducting a lodging house. Both the businesses are increasing periodically. For the purpose of expanding the business run by the landlord, the portion in the occupation of the tenants are required by way of additional accommodation. Since there is insufficiency of space, the landlord is compelled to reduce his customers. Considering the nature of the business run by the landlord, the front portion would be of much advantage. Since the tenants are in occupation of the front portion of the building, it is of great disadvantage to the landlord. There was only one way leading to the lodging house being conducted in the fi










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