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1992 Supreme(Mad) 160

MISHRA
S. V. M. Nagavairavasundaram – Appellant
Versus
S. Bageerathan – Respondent


Advocates Appeared:
For the Petitioner:T.R. Mani, T.M. Hariharan, P.R. Balasubramaniam, Advocates.
For the Respondent:R. Gandhi, Ravi Chandrababu, C.N.C. Ezhil Arasi M. Baskar, Advocates.

Judgment :-

The instant petition is the culmination of a proceeding for eviction of the petitioner on the ground that he has been a subtenant in the premises and that the landlord-first respondent herein needed the premises by way of additional accommodation for his business purposes. The landlord initiated the proceeding by a petition under S. 10(2)(ii)(a) and under S. 10(3)(c) of the Pondicherry Buddings (Lease and Kent Control) Act, hereinafter referred to as the Act, impleading the tenant N. Subbarayalu and the petitioner calling him a sub-tenant. The trial Court found in favour of the landlord on both counts and ordered for eviction. The Court of appeal below, however, has reversed the finding as to the sub-tenancy, but found in favour of the landlord that he needed the additional accommodation bona fide and thus affirmed the order of eviction.

2. Facts that seem to be undisputed are, that the landlord first respondent herein leased out the demised premises in favour of N. Subbarayalu on a monthly rent of Rs. 1,050/- for a period of three years. According to the landlord, N. Subbarayalu was running a shop in the demised premises, but later sublet the same in favour of the second





























































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