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2023 Supreme(Mad) 1882

V. BHAVANI SUBBAROYAN
Krishnan – Appellant
Versus
Bhuvaneswari – Respondent


Advocates appeared:
For the Petitioner:M. Jayakumar, Advocate. For the Respondent:N. Murali Mohan, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Section 25(1), (2) of the Tamil Nadu Buildings [Lease and Rent Control] Act, 1960 read with under Section 115 of the Code of Civil Procedure, praying to set aside the fair and decretal order dated 21.10.2021 passed by the learned Appellate Authority cum VIII Small Causes Court Judge, Chennai in RCA No.269 of 2017 confirming the order passed by the Rent Controller cum Small Causes Court Judge, Chennai, in RCOP. No. 1120 of 2015 dated 20.02.2017.)

1. The respondent herein has filed R.C.O.P. No. 1120 of 2015 before the learned Rent Controller under Sections 10 (2) (i) and 10 (3) (a) (i) of the Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, for eviction of the revision petitioners from the property in question on the grounds of willful default and owner''s own use and occupation. The learned Rent Controller allowed the RCOP. No.1120 of 2015 on the ground of willful default in payment of rent alone, but dismissed it insofar as the plea relating to owners own use and occupation. Aggrieved by the order dated 20.02.2017 in RCOP. No. 1120 of 2015, the revision petitioners herein have filed RCA. No. 269 of 2017 before the learned

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