KAMUTHI MADALAICHAMY Vs. THANGARATHINA NADAR

JUDGEMENT

(1.) This civil revision petition is filed by Kamuthi Madalaichamy alias Sivanendal Perumalsamy Koil Private Trust by its Trustee S. Ponnusamy Nadar against the judgment in R.C.A. No.2 of 1983 on the file of the learned Subordinate Judge, Ramanathapuram at Madurai reversing the judgment of the learned District Munsif (Rent Controller), Paramakudi made in H.R.C.O.P. No.19 of 1980 directing eviction of the respondent herein. Eviction petition was filed by the petitioner herein on three grounds; (1) under S.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 (hereinafter referred to as the Act) for wilful default in payment of rent at Rs. 80/- per month from November, 1978 up to July, 1980(2) under Section 10(2)(vii) of the Act for wilful denial of title of the landlord and (3) under Section 14(1)(b) of the Act, requirement for demolition and reconstruction.

(2.) The respondent has filed a counter affidavit denying the status of the petitioner that he is the landlord of the petition premises, that he paid the rent to another trustees. Ponnusam Nadar for the said period and that the petitioner does not require the premises for demolition and reconstruction bona fide.

(3.) The trial Court appointed an advocate commissioner to find out the nature of the building and to submit a report and plan. The learned advocate Commissioner filed his report and plan under Exs. C.1 and C.2 respectively.