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1997 Supreme(Mad) 1273

K.GOVINDARAJAN
S. M. Mohamed Meera Sha – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. M. Sundar, Advocate for Petitioner.
Mr. N. Jayabalan, Advocate for Respondent.

Judgment :-

1. The tenant who suffered eviction before the authorities below has filed the above revision.

2. The landlord filed R.C.O.P. No. 1361 of 1990 on the file of the learned Rent controller/XVI Judge, Court of Small Causes, Madras under Sections 10(2)(ii)(b) and 10(2)(iii) of Act 18 of 1960. According to the landlord, the tenant had constructed a pucca wall from floor to ceiling level in the central hall of the two floors in between two pillars, in the building in question thereby the central hall had been partitioned into two portions. He had put up a door way in the said wall. Apart from that he had raised a wall in the open terrace and covered the same with asbestos sheet thereby converting the open terrace into a constructed portion. According to the landlord the said additions and alterations are unauthorised and without any permission. Since the building is very old and aged one it would not bear any extra weight that may be put up by the tenant. The said constructions have materially impaired the value and utility of the building. According to the landlord, the tenant has put up unauthorised construction and has been using the second floor for dwelling purposes which




















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