T N NARAYANASAMY Vs. N GOVINDARAJ

JUDGEMENT

(1.) TENANT in R.C.O.P.No.14 of 1995 on the file of Rent Controller/III Additional District Munsif, Coimbatore is the revision petitioner herein.

(2.) LANDLORD claimed eviction on the ground that tenant has committed active waste in the property and also on the ground that the building is required for own occupation of his son who has been married and who has no building of his own.

(3.) BEFORE further going into the merits of the case, it is seen that landlord filed an application for fixation of fair rent as R.C.O.P.No.198 of 1994. For the said purpose a commissioner was deputed to assess the value of the building. While assessing the market value, Commissioner seems to have reported that in front portion of the scheduled building water gets stagnated since there is water tank in front of the house. It is also seem to have reported that since the front portion is used as bathroom, the wall and the floor of the front portion of the building have become wet. Ex.A-13 is the Commissioner's report in the case.