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1979 Supreme(Mad) 323

T.SATHIADEV
Komalam Ammal – Appellant
Versus
Ashoka Cycle and Motor Company doing business at Bazaar St. , Tiruchirapalli. Tamil Nadu Stores, at Big Bazaar St. , Tiruchirapalli – Respondent


Advocates:
Advocate Appeared:
P. Raghaviah, for Petitioner.
R. Srinivasan, for 1st Respondent.

Order

This revision petition is filed as against the order of the Appellate Authority, Tiruchirapalli in C.M.A. No. 29 of 1974. The landlady has preferred this revision petition. The Rent Controller in H.R.C.O.P. No. 243 of 1972 held in her favour by holding that there has been a wilful default, in the payment of rents for nearly 33 months and that the tenants had ceased to occupy the premises and therefore are bound to surrender vacant possession of the premises within 2 months from the date of the order.

2. The landlady being the petitioner herein, filed the petition claiming that the schedule premises is a non-residential one and it was leased out on 16th June, 1966 in favour of the first respondent, for carrying on a business in cycle spare parts, on a monthly rent of Rs. 150. It is stated further there in, that till February, 1968, first respondent was carrying on business in cycle spare parts. But afterwards, the landlady was informed that the business in cycle spare parts is to be carried on in another premises and that the schedule premises will be utilised for the sale of steel furnitures to which she consented and the name and style of the business is that of the second res












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