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2013 Supreme(Mad) 1949

K.RAVICHANDRA BAABU
A. S. Venkataraman, Proprietor of Kamala Textiles – Appellant
Versus
A. V. Harikrishnan Naidu – Respondent


Advocate Appeared
For the Petitioner:C. Sathish for M/s. M.K. Hidayathullah, Advocates.
For the Respondent:B. Vijay, Advocate.

JUDGMENT

1. The tenant is the revision petitioner. The respondent landlord filed R.C.O.P. No.29 of 2001 against the petitioner herein on the file of the District Munsif cum Judicial Magistrate, Ambattur, seeking for eviction of the petitioner on the grounds of willful default and owner’s occupation. Learned Rent Controller dismissed the eviction petition on both grounds by order dated 30.11.2006. Aggrieved against the same, the respondent landlord preferred an appeal in R.C.A.No.6/2008 on the file of the Sub Court, Poonamallee. The Appellate Authority, concurred with the order of the learned Rent Controller on the ground of willful default, however allowed the appeal and ordered eviction of the petitioner herein on the ground of owner's occupation. Challenging the said order of the Appellate Authority, the present civil revision petition is filed before this Court.

2. The landlord though filed eviction petition on the ground of willful default and owner's occupation, his application was rejected by both the authorities below in so far as the ground of willful default is concerned. Admittedly, the landlord has not challenged the said finding rendered by both the authorities below an























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