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1996 Supreme(Mad) 553

S.M.ABDUL WAHAB
N. Rengaiyan – Appellant
Versus
A. M. Noorullah – Respondent


Advocates:
Mr. M.N. Padmanabhan, Senior Counsel for Petitioner. Mr. A J. Abdul Razack, Advocate for Respondent.

Judgment :

1. This civil revision petition has been preferred by the tenant against the order of eviction dated 23. 1988 in R.C.O.P.No.23 of 1984 confirmed by the Subordinate Judge, Mayiladuthurai, Thanjavur District in R.C.A.No.16 of 1989 dated 211. 1990.

2. The respondent herein filed the petition for eviction under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960. The case of the landlord is that he requires the building for the business of his son. The building in question is situated in Mayiladuthurai town, Pattamangala Street, Mayiladuthurai and is occupied by the petitioner herein on a monthly rent of Rs.400. The son of the respondent herein is a partner in M/s.N.A.Ali Traders, carrying on iron and steel busin ess. The building is required for the business of his son. The respondent’s son is not owning any building of his own at Mayiladuthurai. Notice was sent on 111. 1983 and a reply containing.

3. The contention of the petitioner/tenant herein in the counter is that the eviction petition deserves to be dismissed, since it is the second one under Section 10(3)(a)(iii) of the Act, in view of Section 19 of the said Act, the petition


















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