G.RAJASURIA
R. Joseph – Appellant
Versus
K. Balaji & Another – Respondent
Inveighing the judgment and decree dated 9. 2009 passed by the learned VII Judge, Court of Small Causes, Chennai (Rent Control Appellate Authority) in R.C.A.No.70 of 2007 modifying the fair and decreetal order dated 211. 2006 passed by the learned XV Judge, Court of Small Causes, Chennai (Rent Controller) in RCOP No.1352 of 2004, this civil revision petition is focussed.
2. Heard both sides.
3. The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this revision would run thus:
1. The respondents herein filed RCOP seeking eviction on the following grounds:
1. different user
2. act of waste
3. act of nuisance and
4. owner’s occupation
by invoking Sections 10(2)(ii)(b), 10(2)(iii), 10(2)(v) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act. The matter was contested.
2. During enquiry, on the side of the landlords, P.Ws.1 and 2 were examined and Exhibits P-1 to P13 were marked. On the side of the tenant, R.Ws.1 to 3 were examined and Exhibits R-1 to R-11 were marked.
3. Ultimately, the Rent Controller ordered eviction on all grounds. Being aggrieved by the same, appeal was filed before the
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113. T.M. Ramaswamy Gounder v. Ranganayaki (1990) 1 MLJ 421: 1990 TNLJ 122
20.20. Sankaranarayanan v. Palaniswami
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116. R. Sudhandhira Devi and Others v. K. Navanithakrishna (2005) 4 MLJ 127
118. Meenal Eknath Kshirsagar v. Traders and Agencies
222. S. Suresh and Others v. Isabal Thomas and Another AIR 2000 Mad 275
1. Shalimar Tar Products Ltd. v. H.C. Sharma and Others AIR 1988 SC 145: (1988) 1 SCC 70
8. S. Azeem v. M. Natarajan (1994) 2 MLJ 455
12. Bharat Lal Baranwal v. Virendra Kumar Agarwal AIR 2003 SC 1056: (2003) 2 SCC 343
119. Ram Dass v. Ishwar Chander
221. Rafat Ali v. Sugni Bai and Others AIR 1999 SC 283: (1999) 1 SCC 133: AIR 1998 SCW 3822
9. B.M. Najira Begum v. A.M.S. Kassim (2001) 1 MLJ 37: 2000 (4) CTC 74
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