A BALASUNDARAM Vs. T BALASUBRAMANIAN DECEASED

JUDGEMENT

(1.) LANDLORD in R.C.O.P. 3498 of 1986 on the file of Rent Controller/XVI Judge, Small Causes Court, Madras is the revision petitioner herein.

(2.) APPLICATION filed by landlord was one for eviction on the ground that the building requires immediate demolition and reconstruction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act.

(3.) IN the first counter statement filed by respondent, he denied the claim of landlord for eviction of the building on the ground that the building requires immediate demolition and reconstruction. According to tenant, building is strong enough and there is no necessity for demolition. The allegation that the building is more than 75 years old is not correct. Vendor of landlord already filed Rent Control Petition in R.C.O.P. 4900 of 1982 for fixing fair rent wherein the age of the building was also one of the matter considered. At that time, it was concluded that the building is only 50 years old and on this date it will not be more than 60 years. It is also contended that the present application is filed only in collusion with Mallikeswara Chetty. Various attempts made by Mallikeswara Chetty to evict tenant have failed and now he has asked the present petitioner to file separate application after selling portion of the property.