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2000 Supreme(SC) 458

A.P.MISRA, N.S.HEGDE
Chordia Automobiles – Appellant
Versus
S. Moosa – Respondent


JUDGMENT

Misra, J.-This appeal is directed against the eviction of the appellant on account of default of payment of rent under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act. 1960.

2. The appellant took the disputed shop situated at 71, Usman Road, T. Nagar, Madras on rent in the year 1972 from the erstwhile owner who sold this property to the present respondents in the year 1977. The rent then paid by the appellant was at the rate of Rs. 275/- p.m. Thereafter, it was raised to Rs. 343.75 p.m. after 1.4.1979. Next enhanced to Rs. 500/- p.m. w.e.f. 1.9.1985. In the year 1988 the appellant desired to change his business from spare parts of two-wheelers to sale of tyres, then the rent was again increased to Rs. 750/- p.m. The appellant desired that for selling of tyres he needs to install air-conditioner and compressor with water connection for checking of tubes and fitment of tyres. This also requires additional electricity load, a water tap and a separate lavatory. For doing these, the appellant offered and respondent agreed on condition that the rent be further enhanced from Rs. 750/- to Rs. 1,000/- p.m. On this oral agreement the appellant spent about Rs.




































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