C CHANDRAMOHAN Vs. SENGOTTAIYAN

JUDGEMENT

(1.) These three appeals, by special leave, arise out of the common judgment of the High Court of Madras in C.R.Ps. 3796 to 3798 of 1994 dated November 17, 1997. The common appellant is the landlord and respondents are the tenants of the three shops, Door Nos. 19, 20 and 21, R.K.V. Road, Erode, (hereinafter referred to as 'the premises').

(2.) The facts giving rise to these appeals may be noticed here. The father of the appellant, Late Chockalingam who was the owner, let out the shops on rent bearing - Door No. 19 to T. Subramaniam @ Rs. 75/- per month; Door No. 20 @ Rs. 250/- per month to M. Sengottaiyan who died during the pendency of the proceedings (his legal representatives are brought on record as respondents 2 to 6), and Door No. 21 to Nachimuthu @ Rs. 200/- per month. They are said to be in occupation for the last 25 to 40 years. On June 8, 1978 the said Chockalingam executed release deed (Exhibit P-4) in favour of the appellant and thus he became the absolute owner and landlord of the premises.

(3.) The landlord claimed that the rent of the shops, Door Nos. 19, 20 and 21, was enhanced to Rs. 400/-, Rs. 850/- and Rs. 700/- respectively. He issued notice to the said three tenants stating that the premises were required for demolition and reconstruction and asking them to vacate the same. They replied that he was only a co-owner as the original landlord (Chockalingam) died leaving behind three daughters and a widow also, therefore, he could not seek eviction for demolition and reconstruction of the premises.