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1966 Supreme(Mad) 266

K.VEERASWAMI
R. Durairaju – Appellant
Versus
S. Palaniappa Gounder – Respondent


Advocates:
S. Palaniswami and V. Gopinath, for Petitioner.
S. Mohan, for Respondent.

Judgment.-

This petition is to revise an order of the District Judge, Coimbatore, made under section 25 of the Madras Buildings (Lease and Rent Control) Act, 1960. The respondent who is the landlord applied for eviction of the petitioner on the ground that the latter defaulted in payment of rents and that in any case the former required the premises bonafide for his own occupation. The first ground, which has been decided in favour of the petitioner, is no longer in issue. On the alternative ground,the respondent succeeded before the District Judge who reversed the order of the appellate Court and restored that of the Rent Controller. The District Judge considered that on the proved facts the proper conclusion to arrive at was that the landlord required the premises bonafide for his own occupation. The proved facts were that the landlord’s family was large, he had three sons and two grown up daughters; one of the sons was married and other two sons and two daughters were of marriageable age. The married son and daughter-in-law were working as teachers in Pollachi, where the premises in question is situate.

The question whether the landlord requires his premises bona fide for his own





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