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1999 Supreme(Mad) 612

M.KARPAGAVINAYAGAM
T. V. Jagatrakshagan (since deceased) – Appellant
Versus
N. Futaree Bai – Respondent


Advocates Appeared:
For the Petitioners:M.V. Krishnan, Advocates.
For the Respondents:K. Venkatesan, Advocate.

Judgment :-

1. This civil revision petition is directed against the judgment and decree of the Appellate Authority made in R.C.A.No.1090 of 1993 dated 22.3.1995, confirming the fair order and decretal order of the Rent Controller, passed in R.C.O.P.No.1079 of 1992 dated 11.8.1993, dismissing the petition for eviction.

2. The first petitioner (since deceased) was the landlord and the petitioners 2 to 6 are his legal representatives. The respondents are the tenants. The landlord filed a petition for eviction of the tenants under Sec.10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act claiming that the premises in question, viz., shop No.3 in Door No.237/1,Quaide-Millat Road, Triplicane,Madras belonged to the first petitioner is required for his wife for doing tailoring business. The tenants contested the petition on the ground that the requirement of the premises for business purpose for his wife is not bona fide and that since the demand for enhanced rent was not acceded to, the petition for eviction came to be filed.

3. Accepting the counter plea made by the tenants, the Rent Controller dismissed the said petition. Having failed in his attempt, the landlord filed a


























































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