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1991 Supreme(Mad) 648

THANIKKACHALAM
Pichai Chetty & Other – Appellant
Versus
N. K. Muthukrishnan – Respondent


Advocates Appeared:
For the Petitioners:M.V. Venkataseshan, Advocate.
For the Respondent:A. Subramania Iyer, V. Avudainayagam, Advocates.

Judgment :-

The legal representatives of the deceased tenant are the petitioners herein. The petitioner premises is situate at No. 5, 1st Cross Street, New Colony, Saidapet, Madras-15. The respondent herein purchased the premises under a registered sale deed dt. 18.8.1986 from M.C. Gopal. The petitioners herein are in occupation of the ground oor of the said premises on a monthly rent of Rs. 300/. The respondent herein is in occupation of the first floor. The petition for eviction was filed under Ss. 10(2) (i) and 10(3) (c) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 18 of 1960 (hereinafter referred to as the Act). According to the landlord, the tenant failed and neglected to pay the rent from 1.7.1986 till 31.10.86 and also committed act of waste, materially impairing the value and utility of the building. Further according to the landlord, he required the portion under the occupation of the tenants by way of additional accommodation. Therefore, the landlord sent a notice tothe tenant on 2.10.1986 callingupon them to quit and deliver vacant possession of the petition premises. But there was no reply to the notice sent by the landlord.

2. According to the tenants there is



















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