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2012 Supreme(Mad) 3954

R.S.RAMANATHAN
Sulochana – Appellant
Versus
R. Pangajam – Respondent


Advocates Appeared:
For the Petitioner:J. Raja Kalifullah, Advocate.
For the Respondents:R. Bharath Kumar, Advocate.

JUDGMENT

Tenant is the revision petitioner.

2. The landlords/respondents filed petition for eviction on the ground of wilful default in payment of rent, for owner's occupation and for demolition and reconstruction. The learned Rent Controller ordered eviction on the ground of wilful default and dismissed the petition on the ground of owner's occupation and demolition and reconstruction. The learned Rent Control Appellate Authority confirmed the order of eviction on the ground of wilful default and also ordered eviction on the ground of denial of title. Aggrieved by the same, this revision is filed.

3. Mr.Raja Kalifulla, learned counsel appearing for the revision petitioner submitted that the learned Rent Control Appellate Authority erred in ordering eviction on the ground of denial of title when eviction was not sought for on that ground and no evidence was let in to that effect during the trial and in the absence of any pleading, the learned Rent Control Appellate Authority ought not to have framed issue to that effect and ordered eviction and therefore, the order of eviction on the ground of wilful denial of title is bad and is also against the judgment of the Honourable Supreme













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