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2001 Supreme(Mad) 980

K.SAMPATH
M. M. Nagalinga Nadar – Appellant
Versus
Lakshmi Family Trust – Respondent


Advocates Appeared:
Mr.A. Shanmugavel, Senior Counsel for Petitioner.
Mr. T.R. Rajagopalan, Senior Counsel for M/s Sanjeevi and Mr. K. Muthulkumarasamy for Respondent.

Judgment :

1. The tenant is the revision petitioner. It is a partnership concern. The respondent trust represented by its trustees filed R.C.O.P. No. 149 of 1988 before the Rent Controller, Coimbatore, for the eviction of the revision petitioner under Sec. 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act (Act 18 of 1960 as amended by Act 23 of 1973) (hereinafter referred to as the Act) for demolition and reconstruction.

2. The case as set out in the petition was as follows:

The petition mentioned property belonged to the respondent trust. The revision petitioner was a tenant on a monthly rent of Rs.850. The building was more than 100 years old and in a dilapidated condition. The roofing had become bad and it would collapse at any time. The neighbours had also complained about it. The Municipal Corporation had also raised serious objections to the condition of the building as it had posed a danger to the neighbours and it might fall at any time. Since the purchase of the pr operty in 1981 the respondent trust had been pressing the revision petitioner to vacate the property. On the bona fide impression that the Act would not apply, the respondent trust filed a civi

































































































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