T SHANTHI Vs. MINOR GANGESWARAN

JUDGEMENT

(1.) THE petitioner herein filed these petitions for eviction against the 2nd respondent from the demised premises under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. She has also added the 3rd respondent herein as the 2nd respondent in the eviction petition. It is in the eviction petition that the premises originally belongs to one Lakshmi Ammal who died on 20.12.1997 and thereafter that tenant has been paying rent to her.

(2.) THE first respondent filed applications in I.A.Nos. 28,32,27 and 30 of 2008 in R.C.O.P. Nos. 15,17,8 and 16 of 2007 to implead him as a party to the eviction petition by contending that he derives right in the property by means of a Will executed by the deceased Lakshmi Ammal. THE learned Rent Controller, Salem, allowed the applications by observing that even the petitioner is a third party, he is none other than the close relative of the petitioner in R.C.O.P., that the Will is not produced and that can be decided at the time of trial in the petition.

(3.) THE tenant has filed counter in the eviction petition in which he has stated that he paid the rent to Lakshmi Ammal and not to the petitioner. But as per the tenancy agreement, he has been paying the rent to the 2nd respondent. THE 3rd respondent herein filed counter in the eviction petition denying the right of the petitioner to collect the rent. He has come out with a lengthy counter affidavit stating about the ownership of the property.