JAYPEE ELECTRONICS (P) LTD. Vs. A.V. APPASAMY

JUDGEMENT

(1.) TENANT in R.C.O.P. No. 1509 of 1993 on the file of XV Small Causes Court, Madras is the revision petitioner herein.

(2.) LANDLORD filed eviction petition on the ground that the building requires immediate demolition and reconstruction. According to landlord, the building is more than 80 years old and situated in one of the most important places of Madras. He wanted to put up a shopping complex in Door Nos. 788 and 789 with modern facilities and to augment his income. He averred that he got financial capacity to put up new construction and had also taken permission from local authorities to demolish the structure. Statutory undertaking is also given. According to landlord, the claim is bonafide.

(3.) ON the above pleadings, parties went on trial. Before the Rent Controller, Exs. P1 to P17 were marked on the side of petitioner and Exs. R1 to R10 were marked. Exs. P17 and R1 are reports of the Engineer. A Commissioner was deputed to inspect the building and he also filed report Ex. C1. Oral evidence consists of P.Ws. 1 and 2 and RWs. 1 and 2. After evaluating entire evidence, Rent Controller held that the claim of landlord is bonafide. Rent Controller held that landlord has purchased the building in an auction in the year 1940, but during that time the building was in existence. Evidence of P.W.2 was also relied on to hold that the building might have been 70 years old. P.W.2 has said that on the top of the building, the date of construction of the building is also noted as 1926.