M. RAGHU Vs. N. MUTHURAJAN

JUDGEMENT

(1.) The petitioner in C.R.P.No.480 of 2007 is the first respondent in the R.C.O.P.No.22 of 1999 and Appellant in RCA.7 of 2004. The petitioner in C.R.P.No.512 of 2007 is the second respondent in RCOP No.22 of 1999 and the Appellant in R.C.A.No.6 of 2004. The first respondent in both the Civil Revision Petitions is the petitioner in RCOP No.22 of 1999 and the first respondent in both the RCAs.

(2.) The first respondent in both the revisions had filed a petition for eviction under Section 10(2)(i) of the Tamilnadu Buildings (Lease and Rent Control) Act against the petitioner in both the revisions.

(3.) The case of the first respondent/Muthurajan is that he and R.Annapoorani, who is 2nd respondent in CRP.480 of 2007 and the petitioner in CRP.No.512 of 2007, are brother and sister. The petition mentioned vacant land was allotted to the share of the said Annapoorani as per decree in O.S.No.634 of 1993 on the file of the Sub-Court, Thirupur. During that time, the said Annapoorani, petitioner in CRP.No.512 of 2007, was young and spinster. In pursuance of the specific understanding between the brother and sister, the first respondent/brother spent money and put up building thereon and Annapoorani/sister, petitioner in CRP 512 of 2007 authorized the first respondent to manage the property and collect the rent from the second respondent/tenant in CRP.No.512 of 2007 for settlement of the amount spent by the first respondent/brother for construction and he has also collected rent from the second respondent. Subsequently, there was a dispute between the petitioner and the first respondent and with regard to the same civil suit is also pending. The first respondent/brother let out the building to the second respondent, in CRP.NO.512 of 2007, and agreement was entered into between them and the monthly rent was fixed as Rs.10,000/-. The second respondent/tenant paid the rent to the first respondent/brother till February 1998 and thereafter, since the tenant did not pay the rent, and violated the condition, the first respondent/brother issued notice to the second respondent/tenant with regard to the rent payable by him to the first respondent/brother and call for the second respondent/tenant to pay the rent. However, the second respondent/tenant neither sent reply nor pay the rent. Hence, the first respondent/brother has filed a petition for eviction on the ground of willful default under Section 10(2)(i) of the Tamilnadu Buildings (Lease and Rent Control) Act.