L PUTTALINGAM Vs. L SIVALINGAM

JUDGEMENT

(1.) TENANT in R.C.O.P. No. 59 of 1993, on the file of Rent Controller, Ootacamund, is the revision petitioner.

(2.) LANDLORD sought eviction of the tenant on two grounds, namely (1) wilful default in payment of rent; and (2) that the building requires immediate demolition and reconstruction.

(3.) REGARDING the financial position of the landlord, an argument was taken by learned counsel that the same was not pleaded, and the Authorities below have also not taken into consideration any part of the pleadings. I do not think that there is any merit in the said submission. While considering the bona fides of the claim, naturally, one of the points to be considered is, whether the landlord has got sufficient means or capacity to raise fundds for putting a new construction. The matter was agitated before the Rent Controller; witnesses were examined, and the tenant was also given opportunity to rebut the evidence.