S M GOPALAKRISHNA CHETTY Vs. GANESHAN

JUDGEMENT

(1.) These appeals by special leave are directed against the order of the High Court of Madras in Three Civil Revision Petitions under Section 25 of the Madras Buildings (Lease and Rent Control) Act 1960 (briefly the Act) whereby the High Court refused to interfere with the orders of the Appellate Authority under the Act holding that the appellant (hereinafter to be described as the landlord) has no right to evict the respondents (hereinafter to be described as the tenants) from the premises in question on the ground of demolition and reconstruction,

(2.) The tenancy under the landlord is admitted by the tenants. There is also no question with regard to the validity of the notice of eviction. The only questions in controversy in these appeals are whether the landlord in this case, who is the holder of life interest in the property, is entitled to evict the tenants under Section 14 (1) (b) of the Act on the ground that the building is bona fide required by the landlord for demolition and for reconstruction. The second question raised in one of the appeals is whether a single petition is maintainable to evict the tenants from two different tenancies one for residential purpose and the other for non-residential purpose. The latter point has been held by the High Court in favour of the landlord but the tenants are raising it in seeking to support the earlier order of the Appellate Authority.

(3.) The premises are situated at Anna Pillai Street, Madras, Originally the premises belonged to late S. Manicka Chettyar, father of S. M. Gopalakrishna, the present landlord. By virtue of a Deed of Settlement executed by S. Manicka Chettyar on May 9, 1934, possession of the premises was delivered to his wife, Manoranjithammala, as trustee and guardian of his three minor children, S. M. Gopalakrishna then aged 13 years, and his two minor daughters, Indrani Ammal and Palani Ammal. We are not concerned with the various directions in the Deed of Settlement except to note the admitted position that Manoranjithammala was allowed to enjoy the rents and profits of the property for her lifetime subject to certain charges mentioned in the Deed. After the lifetime of the settlor's wife, his son, S. M. Gopalakrishna (appellant) "shall enjoy the rents and profits of the said property .....:..... for his lifetime" subject to certain charges on account of his two sisters. It is further mentioned in the Deed that after the lifetime of Gopalakrishna, his son and son's heir of any predeceased son living at that time shall enjoy the property subject to identical charges as absolute owners with right of sale, gift, etc. There are further directions in case of other contingencies with which we are not concerned. We, may however, note that S. M. Gopalakrishna is issueless.