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2004 Supreme(Mad) 606

K.P.SIVASUBRAMANIAM
Poorna Thayammal – Appellant
Versus
Y. Anwar – Respondent


Advocates Appeared:
Mr. K. Selvaraj, Advocate for Petitioners. Mr. Mateen Ghatala, Advocate for Respondent.

Judgment :

1. Both the above revision petitions are preferred by the land owner. CRP No.2625 of 1997 is directed against the orders of both the Appellate Authority and the Rent Controller, Chennai in RCA No.61 of 1994 and RCOP No.970 of 1991 rejecting the landlord’s petition for eviction on ground of wilful default and unauthorised subletting. CRP No.2626 of 1997 is directed against the orders in RCA No.60 of 1994 and RCOP No.2500 of 1991 allowing the petition filed by the tenant under Section 8(5), Tamil Nadu Act 18 of 1960 seeking permission to deposit the rent in Court.

2. In RCOP No.970 of 1991, the landlord contended as follows:

While the first petitioner is the owner of the premises/shop, the second petitioner is her husband who was collecting the rents. The property was let out to the first respondent for non-residential purpose for running a laundry shop by name “Swan Laundry” on monthly rent of Rs.500 and Rs.7 towards water charges. According to the petitioners, the first respondent was a chronic defaulter from the beginning and she was in arrears of rent from September 1990 to February 1991 amounting to Rs.3,000. Inspite of repeated demands, the first respondent was in de























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