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2009 Supreme(Mad) 3288

S.PALANIVELU
A. Subramani – Appellant
Versus
S. Gnanasekaran – Respondent


Advocates Appeared:
For the Petitioner:M.S. Krishnan, Senior Counsel, for M/s. R. Rajaraman & P. Veena, Advocates.
For the Respondent:G. Jayachandran, Advocate.

Judgment :-

1. The following are the allegations in brief contained in the petition filed by the petitioner/landlord (respondent herein) before the Rent Controller under Section 10 (2)(i) and Section 10(3)(c) of the Tamilnadu Buildings (Lease & Rent Control) Act, 1960:-

1.(a) The petitioner is landlord and the respondent is tenant under the petitioner in respect of the schedule mentioned non-residential premises. The monthly rent for the premises is Rs.1,750/-. Rs.1,00,000/-was received as advance by the petitioner. The respondent has wilfully, wantonly failed and neglected to pay the rents from the month of January 2002 at the rate of Rs.1,750/- per month. Hence he is a wilful defaulter.

1.(b) The petitioner is doing xerox business in a portion of the ground floor of the schedule mentioned property under the stair case. He is having xerox machine, fax machine and STD and local telephone booth. He is also having his franchise office of First Flight Courier Service and running its collection centre in the said place. He is earning for his livelihood only through the said business. The place occupied by him is not sufficient for his business. The customers of the petitioners are not






















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