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1998 Supreme(Mad) 1662

S.M.ABDUL WAHAB
A. Marappan – Appellant
Versus
Nagarathinam – Respondent


Advocates Appeared:
For the Petitioner:M. Venkatachalapathy, Senior Counsel for S. Rajasekar, Advocate.
For the Respondent:A.K. Kumaraswamy, Advocate.

Judgment

1. C.R.P.No.1929 of 1997 has arisen out of an order passed by the Rent Control Appellate Authority, (Subordinate Judge) Erode, dated 22.7.1996 in R.A.No.7 of 1993, confirming the fair and decretal order dated 28.6.1993 in R.C.O.P.No.26 of 1992, on the file of the District Munsif, Erode.

2. The respondent landlady filed an eviction petition R.C.O.P.No.26 of 1992 on four grounds, namely, wilful default, sub-letting waste, damages and different user. But the Rent Controller found that the landlady failed to prove the other grounds except the grounds of wilful default and subletting. On appeal, the appellate authority confirmed the eviction order only on the ground of wilful default. He reversed the finding with reference to the sub-letting. He also considered the other grounds rejected the contention of the landlady. Hence, the aggrieved tenant has filed the above civil revision petition.

3. C.R.P.No.1323 of 1997 has arisen out of R.C.O.P.No.28 of 1992 on the file of the District Munsif, Erode, under Sec.8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 on rejecting the said petition. On appeal, the Rent Control Appellate Authority (Subordinate Judge), Erode,
























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