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1996 Supreme(Mad) 780

RAJU, K.A.SWAMI
J. Visalakshi Ammal – Appellant
Versus
T. B. Sathyanarayana – Respondent


For the Appellant :M/s. S.M. Amjad Nainar, Zaffarullakan, Advocates. For the Respondent:Mateen Ghatala, Advocate.

Judgment :-

(Prayer: Petition under Section 25(1)(b) of the T.N.B. (Lease & Rent Control Act praying the High Court to revise the order of the Court of Small Causes (VIII Judge), Madras, dated 21-09-1994 and made in R.C.A. No.1255/93 (M.P. No.700 of 1993 in RCOP. No.1184 of 1993, IV Judge, Court of Small Causes, Madras.) K.A. Swami, C.J.

On a reference made by the learned single Judge, this Civil Revision Petition is posted before this Division Bench.

2. The facts, which led to this reference are as follows: Petitioner-landlady filed RCOP.No.1184 of 1993 before the 15th Judge, Court of small Causes, Madras, for eviction of the respondent from the scheduled premises on the ground that he has committed willful default in the payment of rent. The eviction was sought for under Section 10(2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as “the Act”). Before RCOP.No.1184 of 1993 was filed, the landlady had filed RCOP.No.466 of 1988 for fixation of fair rent. The agreed rent was Rs.50%- per month. The Rent Controller passed an order dated 10. 1990 fixing the fair rent at Rs.1,396/- per month. The order of the Rent Controller was affirmed by th













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