SAKUNTHALA Vs. G S RAMANATHAN

JUDGEMENT

(1.) THE revision petitioners/respondents 1 to 4 have filed this civil revision petition as against the order dated 6.12.1995 in R.C.A.No.2/94 passed by the Learned Rent Control Appellate Authority viz Learned Subordinate Judge, Gobichettipalayam, in allowing the Rent Control Appeal by setting aside the order dated 12.09.1994 in R.C.O.P.No.9 of 1990 passed by the Learned Rent Controller,viz Learned District Munsif, Gobichettipalayam.

(2.) THE learned Appellate Authority viz., learned Subordinate Judge, Gobichettipalayam while passing orders in R.C.A.No.2 of 1994 on 6.09.1995 has held that there was a relationship of landlord and tenant between Sambasiva Chettiar and Gopal Chettiar and further held that the tenant's denial of lanlord's right was not bona fide and came to the conclusion that the Gopal Chettiar was not a person who deliberately failed to tender his monthly rent and also held that the petition mentioned property was required for own use of the landlord and resultantly allowed the appeal without costs by granting two months time to hand over the possession.

(3.) IT is useful for this Court to refer to main Rent Control Original Petition No.9 of 1990 filed by the deceased landlord G.S.Sambasiva Chettiar as petitioner under Section (2) (i) and Section 10(3)(a)(i)of Tamil Nadu Buildings (Lease and Rent Control) Act wherein it was mentioned among other things that the petition mentioned building originally belonged to the family of the original petitioner consisting of himself and his brothers and that it was a joint family property. Subsequently, one of the brother viz Bala Krishna Chettiar filed the suit for partition of the joint family property in O.S.No.205 of 1982 against the original petitioner and others. In the said suit after a prelilminary decree, a final decree was passed in I.A.No.939 of 1982 on 26.04.1988 and that the petiton mentioned premises was allotted to the original revision petitioner and after the final decree, the orginal petitioner was the absolute owner of the petition mentioned premises.