V PRADEEP Vs. SAROJINI

JUDGEMENT

(1.) This Revision under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, is at the instance of the tenant, who suffered an order of eviction at the hands of the Appellate Authority, in an Appeal filed by the landlord as against the dismissal of her petition for eviction in RCOP No.991 of 2010.

(2.) The said Original Petition was filed by the landlord Under Sections 10(2)(iii) and 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, seeking an order of eviction on the ground that the tenant has committed acts of waste and that she requires the building as additional accommodation for her own occupation.

(3.) The case of the landlord in brief is as follows: The demised premises was inherited by the petitioner, her sons and daughter Sugunadevi. On 07.11.1995, there was a family arrangement in the family which resulted in a partition and the Deed of Partition came to be registered on 07.11.1995. As per the said family arrangement, the petitioner and her sons were allotted an extent of 1788 sq.feet, out of the total extent of 1 ground and 282 sq.ft and the remaining 894 sq.ft. was allotted to the daughter Sugunadevi. It is stated that the petitioner and her first son are in possession of the second floor of the building, while the daughter Sugunadevi is in enjoyment of the other portion measuring 894 sq. ft.