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1996 Supreme(Mad) 1267

S.S.SUBRAMANI
Sherwood Educational Society, No. 3, XIII Avenue, Harrington Road, Chetpet, Madras-31 – Appellant
Versus
Abid Namazie & Others – Respondent


Advocates:
S.Govind Swaminathan, Senior Counsel for G.Anbumani, for Petitioner. Ramanujam, Senior Counsel for M.A.Ghatala, for Respondents.

Judgment :

Tenant in R.C.O.P.No.4698 of 1983, on the file of XI Judge, Court of Small Causes at Madras, having rent control jurisdiction, is the revision petitioner.

2. Respondents filed the present eviction petition on the allegation that the building requires immediate demolition and reconstruction.

.3. Material averments in the petition may be stated as follows:

Petitioners (in eviction petition) and their late mother Hussain Begum Namazie are joint owners of the nonresidential bungalow haying an area of more than 10 grounds. The same was let out to the petitioner herein on a monthly rent of Rs.2,400 exclusive of electric and other charges, payable on the 1st of every succeeding English calendar month. Landlords filed a petition under Sec. 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, for fixation of fair rent, and by order dated 112. 1979, Rent Controller fixed the fair rent at Rs.4,200 per month both parties were not satisfied with the decision of the Rent Controller. The matter was taken before the Appellate Authority and finally it came to this court in C.R.P.Nos.3679 and 3770 of 1982. It is said that the said petitions are pending. As per decision of the Appe


















































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