SATHISHKUMAR Vs. SELVADURAI

JUDGEMENT

(1.) The revision petitioners are the tenants under the respondent, who laid Rent Control Original Petitions seeking eviction on the ground that the building is required for demolition and reconstruction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act. The petitioners/tenants filed Petitions in the respective R.C.O.Ps. praying for appointment of Advocate Commissioner to note down the physical features and file a report alongwith plan.

(2.) It has been contended by the petitioners in the aforesaid Petitions that the shops let out for commercial purpose have been decorated with costly tiles, lamps and show cases spending huge amount. The nature of the building could be assessed only by an Advocate Commissioner appointed by this Court. Therefore, the petitioners have sought for appointment of Advocate Commissioner for the aforesaid purpose.

(3.) The respondent, who is the landlord, resisted the Applications filed by the tenants for appointment of Advocate Commissioner on the ground that the decorations made in the premises by the petitioners would not support the counter case of the tenants. To note down the nature of the building, appointment of Advocate Commissioner is quite unwarranted.