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1999 Supreme(Mad) 850

S.S.SUBRAMANI
T. S. Subramania Aiyer – Appellant
Versus
P. K. Srinivasan by Power Agent, B. Ramu – Respondent


Advocates Appeared:
For the Petitioner:N. Vanchinathan, Advocate.
For the Respondent:R.Srinivasan, Advocate.

Judgment

1. Tenant in R.C.O.P.No.24 of 1992, on the file of Rent Controller (District Munsif), Kumbakonam, is the revision petitioner.

2. Landlord sought eviction of tenant/revision petitioner on three grounds, namely, (1) Default in payment of rent from 1.4.1991 to 31.10.1992, i.e., for a period of 18 months at the rate of Rs.70 per month. According to the landlord, the said default is wilful. (2) The building in question is required bona fide for own use and occupation of the landlord; and (3) The building requires immediate demolition and reconstruction.

3. As per Ex.A-13, a notice dated 25.8.1992 was served on the tenant in terming him that he has committed wilful default in payment of rent. For this, Ex.A-14 reply dated 1.9.1992 was sent. It is further averred that in spite of the notice, tenant did not pay the rent. It is said that the landlords son is serving Army and he is due for retirement from service, and the building is very much needed for the landlords family. It is also averred that the building requires immediate demolition and reconstruction since it is a dilapidated condition. It is more than 75 years old.

It is constructed of mud wall. Landlord has sufficient m

























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