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1995 Supreme(Mad) 900

RAJU
Ammasai Gounder – Appellant
Versus
Lakshmiammal – Respondent


Advocates:
K.M.Santhanagopalan, for Petitioner. S.Krishnasamy, for Respondent.

Judgment :

The above revision has been filed against the order of the appellate authority - Sub-Court, Coimbatore, exercising the powers under the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as “the Act”) confirming the order of the Rent Controller - District Munsif, Coimbatore, dated 12. 1987 in R.C.O.P. No.71 of 1981.

2. The petitioner before this Court is the tenant and the respondent is the landlord of the premises in question. There is no dispute over the position that the petitioner became the tenant pursuant to the lease agreement dated 11. 1979 on a monthly rent of Rs.250 for non-residential purpose. On the ground that the lease was for the purpose of carrying on business in hotel and in disregard of the same, the petitioner- tenant is doing business by installing a lathe and obtaining three phase connection, the respondent- landlord has filed R.C.O.P. No.71 of 1981 under Sec.10(2)(ii)(b) of the Act contending that the tenant is liable to be evicted for having used them premises for a purpose other than that for which it was leased out. The petitioner- tenant contended that the lease was not for the purpose of running a hotel, that though the














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