(1.) THIS revision petition has been filed against the judgment and decree passed by the Rent Control Appellate Authority, Kanchipuram in R.C.A.No.25 of 1998 dated 15.10.2003 confirming the order passed by the learned Rent Controller, Kanchipuram, in R.C.O.P.No.8 of 2000 dated 11.01.2000.
(2.) THE brief facts submitted by the landlord as petitioner before the Rent Controller, which are necessary for the disposal of this revision would be as follows:- THE tenant was inducted in the premises for a monthly rent of Rs.1,200/- and the said agreement was oral as entered into between parties. THE said building was in a dilapidated condition. It is further stated that the said building was 70 years old and it was constructed with bricks and lime. If the building collapses, it will be dangerous to both the petitioner and the respondent. THErefore, the petitioner/landlord intends to demolish the entire superstructure and to put up new construction in the said property. THE petitioner/landlord has got sufficient financial capacity to construct the building. THE petitioner/landlord undertakes to demolish the said building within one month from the date of taking possession and to put up new construction within a period of 3 months, thereafter. THE respondent/tenant also defaulted in paying the rent payable to the premises from September 1997 to June 1998 for a period of 10 months for a total rent of Rs.12,000/- and thereby he had committed wilful default in paying the rent and therefore, he is liable to be evicted from the said premises. THErefore, the respondent/tenant is liable to be evicted on the ground of demolition and re-construction of the building and also for commission of wilful default by the respondent/tenant in paying the rent. Hence, the petitioner/landlord has filed the eviction petition.
(3.) AFTER going through the records of both the Courts below and the orders passed therein and the evidence adduced on either side and the grounds raised in this revision, the following points emerged for consideration. a. Whether the finding reached by the Rent Control Appellate Authority in confirming the order of eviction passed by the Rent Controller is liable to be interfered and set aside? b. To what relief the petitioner is entitled?