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2011 Supreme(Mad) 3935

M.Y.EQBAL
Alaudin – Appellant
Versus
A. Sathar – Respondent


Advocates appeared:
For the Petitioners:S.K. Raghunathan, Advocate.
For the Respondents:R3 & R4 - D. Rajendiran, Advocate.

JUDGMENT :-

1. The above Civil Revision Petition is directed against the judgment and decree dated 09.06.2010 passed by the Rent Control Appellate Authority-cum-Subordinate Judge of the Nilgiris at Uthagamandalam in R.C.A.No.2 of 2008, whereby the Appellate Authority reversed the order dated 30.10.2007 passed by the Rent Controller, Coonoor in R.C.O.P.No.9 of 2005.

2. The facts of the case lie in a narrow compass. The first petitioner in the C.R.P. viz., N.Alaudeen being the owner of the suit premises filed R.C.O.P.No.9 of 2005 against the respondent therein, who is his own son, for eviction on the ground of wilful default under Section 10(2)(i) and also for his own use and occupation under Section 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (for short ‘the Act’). The case of the first petitioner is that the suit premises was leased out by him to his son, the respondent, on 01.07.2001 on a monthly rent of Rs.2,000/-. At the time of lease the respondent paid a sum of Rs.20,000/- as advance and agreed to pay the monthly rent regularly. The petitioner’s further case is that the respondent right from the date of tenancy did not pay the rent, and thereby, c







































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