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1979 Supreme(Mad) 393

NATARAJAN
A. Alagiyanathan – Appellant
Versus
M. Swaminatha Pillai – Respondent


Advocates Appeared:
For the Petitioner:M. Srinivasan, Advocate.
For the Respondent:T.S. Subramanian, Advocate.

Judgment :-

1. What falls for consideration in this revision petition, preferred by a tenant, is whether one of the two co-owners of a building is entitled to independently file a petition against a tenant to seek his eviction on one or more of the grounds mentioned in S. 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, (hereinafter referred to as the Act) without the consent or knowledge of the other co-owner. The facts of the case are as follows—

2. The petition premises, which is a residential building was originally owned by one Rayappa Pillai and the petitioner became a tenant under him. After the death of Rayappa Pillai, his nephews, viz., the respondent and his brother succeeded to the property. By arrangement, the respondent and his brother were collecting in equal share the rent of Rs. 27 paid by the petitioner for the building. In that situation, the respondent filed a petition before the Rent Controller, Salem, praying for eviction of the petitioner on the ground that the petitioner had committed wilful default in payment of rent and furthermore, he bona fide required the building for his sons occupation. To the said petition, the respondent did not implead hi

















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