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1996 Supreme(Mad) 296

S.S.SUBRAMANI
K. Panchavarnammal (Died) and Others – Appellant
Versus
E. Saraswathiammal and Others – Respondent


Advocates:
S.Subbiah, for Petitioners. M.Chinnaswami, for Respondents.

Judgment :

Tenant in R.C.O.P. No.431 of 1981, on the file of the Rent Controller, Madurai Town, originally filed the revision petition. Later she died and her legal representatives have been impleaded as additional petitioners 2 to 7, in this revision.

2. Respondents herein filed the eviction petition on the ground that the tenant has committed wilful default in payment of rent, that the building is required by the landlords bona fide for own use and occupation, and on the further ground that the tenant was making use of the premises for a purpose other than the one which it was let out.

3. Tenant, in her counter, denied that she has committed default in paying the rent. She also disputed the claim of the landlords regarding the requirement of the premises for their own occupation. She said that the claim is only a pretext for eviction. Insofar as the allegation that the building is used for a different purpose, her contention was that herself and her husband and their children are doing a family business, and that the lease does not say that the building should be used only for a particular purpose. At any rate, a further contention was raised that the landlords have also acquies



















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