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2012 Supreme(Mad) 3240

G.RAJASURIA
National Insurance Co. Ltd. – Appellant
Versus
P. Karunambigai – Respondent


Advocates appeared:
For the Petitioners:N. Vijayaraghavan, Advocate.
For the Respondents:A.K. Kumarasamy, Advocate.

Judgment :-

1. Animadverting upon the order dated 04.04.2012 passed in RCA No.1 of 2011, by the learned Principal Subordinate Judge, Rent Control Appellate Authority, Erode confirming the order dated 03.12.2010 passed in RCOP No.7 of 2007 by the Rent Controller, Principal District Munsif, Erode, this civil revision petition is focussed.

2. A summation and summarisation of the germane facts absolutely necessary for the disposal of this revision would run thus:

The respondents/landlords filed initially the RCOP invoking Section 10(2)(i) of the Act, on the ground of wilful default in paying rent by the revision petitioner/tenant. Pendentelite the RCOP was got amended, so as to include one other ground, namely personal occupation by invoking Section 10(3) (iii). The matter was contested.

3. During enquiry, on the side of the landlords/respondents, Balasubramaniam examined himself as P.W.1 and Exs.P1 to P12 were marked. On the side of the tenant/petitioner, one Venkatasubramaniam examined himself as R.W.1 and Exs.R1 to R8 were marked.

4. Ultimately the Rent Controller ordered eviction, as against which the tenant preferred appeal for nothing but to be dismissed by the appellate Court




























































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