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1998 Supreme(Mad) 1179

P.D.DINAKARAN
Mookkan – Appellant
Versus
A. Abdul Rasheeth (deceased) – Respondent


Advocates Appeared:
For the Petitioner:R. Subramanian, for Vedantam, Advocate.
For the Respondents:R. Swaminathan, Advocate.

Judgment

1. Thetenant is the revision petitioner herein. The respondent/landlord filed R.C.O.P.No.88 of 1985 on the file of the learned Rent Controller (Principal District Munsif) Madurai, under Secs.10(2)(1) and 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Act, on the ground that:

(i) the revision petitioner has committed wilful default in payment of rent for 27 months from November, 1984 to February, 1985, and

(ii) the petition premises is bona fide required by the respondent/landlord for additional accommodation for residential purpose.

2. The respondent/landlord did not press the alleged ground of wilful default before the learned Rent Controller, and therefore, the grievance of the respondent/landlord as to the additional accommodation alone was considered by the authorities below.

3. According to the respondent/landlord, his family consists of himself, his wife, four children, and as the children are growing, the revision petitioner bona fide requires the petition premises for additional accommodation, which is located adjacent to the residential premises of the respondent/landlord.

4. The above R.C.O.P. was resist

















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