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2009 Supreme(Mad) 627

VASANTHAKUMAR, N.PAUL VASANTHAKUMAR
K. I. M. Sajjdeen – Appellant
Versus
A. 1254, Theni Co-Operative Sale Society Limited, Theni, rep. by its Special Officer/ Deputy Registrar – Respondent


Advocates Appeared:
For the Petitioner:M. Ajmal Khan, Advocate.
For the Respondent:S. Seenivasagam, Advocate.

Judgment :-

This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order of arrest made in E.P.No.231 of 2006 in R.C.O.P.No.13 of 2001 on the file of the Rent Controller (District Munsif Court), Theni.

2. The respondent herein filed R.C.O.P.No.13 of 2001 before the Rent Controller (District Munsif Court), Periyakulam, under Sections.10(2)(i) and 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, contending that the petitioner herein committed wilful default in payment of rent to the building viz., two rooms bearing Door No.641 and 656, for which rent was agreed to be paid at the rate of Rs.150/-and Rs.500/- per month respectively, and also on the ground that the petitioner had sub-let a portion of the stalls to some third parties.

3. The revision petitioner, though resisted the said eviction petition, the Rent Controller, by order dated 19. 2003, ordered eviction on the ground of wilful default. Insofar as the ground of sub-letting is concerned, the eviction petition was rejected. The revision petitioner vacated the premises and handed over vacant possession of the rental premises to the respondent, pursuant




























































































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