RADHAKRISHNAN Vs. LAKSHMIPATHI ALIAS A L PATHY

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 30.4.2009 passed by the Principal Subordinate Judge, (Rent Control Appellate Authority), Chengalpattu, in R.C.A.No.16 of 2008, reversing the order dated 24.1.2008 passed by the District Munsif (Rent Controller), Chengapattu in RCOP No.3 of 2005, this civil revision petition is focussed by the landlord.

(2.) NIGGARD and bereft of unnecessary details, the germane facts for the disposal of this civil revision petition could pithily and precisely be set out thus: (i) The revision petitioner herein filed the RCOP No.3 of 2005 invoking Sections 10(2)(i), 10(2)(ii)(a), 10(2)(ii)(b), 10(2)(iii) and 10(3)(c) of the Tamil Nadu Buildings Lease and Rent Control Act (hereinafter referred to as the 'Act' for short) seeking eviction of the respondents, citing R1 as the chief tenant and R2 as the unauthorised sub-tenant, on the following grounds: (i) 'Wilful default' in paying the rent by the tenant (ii) The tenant sub-let the demised premises concerned (iii) The tenant used the demised premises for a purpose other than that for which it was leased (iv) The tenant committed the act of waste (v) The demised premises concerned is required by the landlord for 'additional accommodation' (b) During trial, on the side of the revision petitioner/landlord, he examined himself as P.W.1 along with one Babu alias B.Mohamed Nasrulla as P.W.2 and Exs.P1 to P9 were marked. On the side of the respondents/tenants, the first respondent herein examined himself as R.W.1 along with one Rajeshwar as R.W.2 and the second respondent herein as R.W.3 and Ex.R1 to R22 were marked. (c) Ultimately, the rent controller ordered eviction on all the five grounds. (d) As against the said order, the tenant preferred the appeal in RCA.No.16 of 2008 and the appellate authority set aside the order of the Rent Controller and dismissed the RCOP in toto.

(3.) THE learned counsel for the revision petitioner/landlord would submit that he is not pressing the grounds relating to 'wilful default' and 'the act of waste' and accordingly, the learned counsel prays for setting aside the order of the appellate authority and confirming the order of the Rent Controller by allowing this civil revision petition.