D RADHAKRISHNAN Vs. M LOORDUSWAMY

JUDGEMENT

(1.) Leave granted.

(2.) This is a landlord's appeal against the revisional order of the High Court of Madras, setting aside the order of eviction of tenants, on an application being filed under Section 14 (1) (b) of the Tamil Nadu buildings (Lease and Rent Control) Act, 1960 (for short "the Act"). On the basis of the materials produced in course of the proceedings, the Rent Controller came to the conclusion that the need of the landlord for the purpose of demolition and reconstruction is bona fide and accordingly, the order was passed for eviction. The tenants carried the matter in appeal and the appellate authority affirmed the findings arrived at by the Rent Controller on reappreciation of the evidence adduced in the case.

(3.) The tenants then carried the matter to the High Court in revision, invoking the jurisdiction of the High Court under Section 25 of the Act. In exercise of its revisional jurisdiction, the High Court interfered with the concurrent findings of the two forums below on the question of bona fide need of the landlord for the purpose of demolition and reconstruction. It is this order of the High Court which is the subject matter of appeal in this Court.