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2006 Supreme(Mad) 1051

S.R.SINGHARAVELU
K. Sanjeevi Kumar – Appellant
Versus
P. Somasundaram – Respondent


Advocates Appeared:
D. Rajendiran, for Petitioner.
M. Vallinayagam, for Respondent.

Judgment :

Tenant in R.C.O.P. No.17 of 2004 on the file of the Rent Controller/District Munsif, Kovilpatti is the revision petitioner. Petition for eviction on the ground of owners occupation and demolition and reconstruction was dismissed by the Rent Controller by his order dated 1.6.2005, which was reversed in judgment and decree dated 15.11.2005 in R.C.A.No.6 of 2005. The ground for eviction is for owners occupation under Sec.10(3)(i) and for demolition and reconstruction under Sec.14(1)(b).

2. The contention of the landlord (P.W.1) was that he is running his business as tenant in a building belonging to his father; that he has no other building for occupation and that he wants to do his business in the suit premises and therefore, he requires the same for his own occupation.

3. By examining P.W.2 anEngineer, who filed a report through Ex.P-7 contending that the building is of 70 years old; that under Ex.P-4 a planning permission for reconstruction was granted on 25.5.2004 with a plan through Ex. P-2. On such ground the bona fides of his requirement for demolition and reconstruction was canvassed. There was no denial about the fiscal capacity of the landlord to reconstruct build

























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