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2002 (4) TMI 949

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..... f sub-Section (2) of Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter the 'Act', for short). The relevant facts are not in controversy. The premises are held by the tenant under a written contract of lease dated 1.1.1988 whereby the rent for the premises has been agreed to at ₹ 100 per month. Over and above, the amount of rent, the tenant has .....

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..... ught about only in the rate of monthly rent. On 26.3.1990, The landlord served a notice on the tenant demanding rent for the months of January to March, 1990 and also the amount of taxes due and payable by the tenant, as stated hereinabove. On 2.4.1990, the tenant tendered an amount of ₹ 300 to the landlord but not the amount of taxes. The tender was refused by the landlord on the ground .....

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..... t also furnishing, electric installations and other amenities agreed between the parties to be provided by and at the cost of the landlord. It was very fairly conceded by learned counsel for the appellant that ever since the decision of this Court in the case of Karani properties Ltd., the view being taken consistently by the High Court of Madras is that in the event of taxes having been agreed to .....

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..... in payment or tender continues after issue of two months' notice by the landlord for clearing the arrears. This Explanation came up for consideration of this Court in S. Sundaram v. V.R. Pattabhiraman, AIR (1985) SC 582 and held it was held that if despite notice, the arrears are not paid, the tenant is said to have committed a wilful default and he will be liable to be evicted forthwith. .....

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