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2007 Supreme(Mad) 400

R.BANUMATHI
T. H. Mohammed Firdous & Others – Appellant
Versus
Amichand & Others – Respondent


For the Petitioners:R. Subramanian, Advocate. For the Respondents:K.V. Venkatapathi, Senior Counsel for M/s. Surana and Surana, Advocates.

Judgment :-

In this revision, landlord challenges the Order of Rent Control Appellate Authority in R.C.A.No.289/1994 on the file of VII Judge, Small Causes Court, Madras, dated 12.02.1997, reversing the Order of eviction made by the Rent Controller dated 30.03.1993, in RCOP No.864/1988, on the file of XIV Judge, Small Causes Court, Madras.

2. The Petitioners are co-owners of the Petition premises in D.No.7, Kasi Chetti Street, George Town, Chennai. The Respondents were Tenants in respect of third floor, on a monthly rent of Rs.1,650/-. Petitioners/landlords filed eviction Petition under Sections 10 (2)(ii)(a) and 10(2)(ii)(b) of Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, [in short, the Act], on the grounds of unauthorized subletting and different user. According to the Petitioners, Petitioners Power Agent permitted the Respondents to accommodate their relatives temporarily for a short period on humanitarian grounds. But the premises had been sublet without written consent of the landlords. After issuing notice, Eviction Petition was filed.

3. The Respondents resisted the Eviction Petition contending that tenancy was for residential as well as for non-residential purpo

















































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