HAJIR UMMAL Vs. RAJA MOHAMED

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the Judgment and Decree passed by the Learned District Judge, Karaikal, in R.C.A.No.1 of 2019 dated 24.09.2020, conforming the fair and decreetal order passed by the Learned Rent Controller, Karaikal, in H.R.C.O.P.No.17 of 2012 dated 12.10.2018.

(2.) The learned counsel for the petitioners submit that the 1 st petitioner is the wife of the respondent, the 2 nd and 3 rd petitioners are the sons of the respondent and the 4 th petitioner is the brother of the 1 st petitioner and brother-in-law of the respondent. The respondent is a British National and he has been permanently living in London. He gave a registered power of attorney to his wife/1 st petitioner herein on 24.04.2002. As a power of attorney holder of the respondent, the 1 st petitioner settled the suit property in favour of the 2 nd and 3 rd petitioners on 11.12.2003. The 4 th petitioner being maternal uncle of the 2 nd and 3 rd petitioners, let out the premises to a tenant. The relationship of husband and wife was not disclosed by the respondent neither in H.R.C.O.P.No.17 of 2012 nor before R.C.A.No.1 of 2019. Only in the counter, they brought this to the knowledge of the Court. But the same was not considered by the Court below. As they are not the tenants under the Pondicherry Buildings (Lease and Rent Control) Act, 1969, the said Act will not be applicable to them.

(3.) The learned counsel for the petitioners also submits that as the respondent is the husband of 1 st petitioner and father of 2 nd and 3 rd petitioners, he is duty bound to maintain them as they are the legal heirs of him and not the tenants. Further, he submits that the 1 st petitioner as a wife of the respondent, she has got every right to stay in the property along with her sons and they cannot be evicted.