M. K. STORES Vs. A. SYED SULTHAN

JUDGEMENT

(1.) The present Civil Revision Petition has been filed against the Judgment and decreetal order passed in R.C.A No.239 of 2017 dated 11/2/2020 on the file of VIM Small Causes Court, Chennai confirming the Judgment and decreetal order dated 4/4/2017 in R.CO.P.No.1878 of 2015 on the file of the XV Small Causes Court, Chennai.

(2.) The respondent is the landlord and originally, seems to have approached the Small Causes Court, Chennai in R.CO.P.No.1878 of 2015 seeking eviction of the revision petitioner on two grounds, viz., demolition and reconstruction and own use and occupation. For convenience, the parties herein are referred as landlord and tenant, as in the R.C.O.P.

(3.) The landlord before the Rent Control Authority pleaded that he purchased an extent of 1,237 square feet by way of registered sale deed dated 05.02.2014. The revision petitioner herein, being the tenant under the previous owner, was intimated of the change of ownership and the tenant attorned the tenancy and the tenant also started paying rent to the landlord. In the meanwhile, the tenant filed O.S.No.1204 of 2014 praying for permanent injunction not to evict without following the due process of law. Thereafter, the landlord filed the petition on the ground that the building is in dilapidated condition and that therefore not fit for occupation, the other tenants, who had occupied the portions had vacated and only the tenant before this Court, the Revision Petitioner, is occupying the premises and the landlord seem to have obtained demolition order from the appropriate authority and the landlord had decided to demolish the property and reconstruct for own use of the landlord, who is carrying on the business in the rented building in the same street. Since the request of the landlord was not heeded by the tenant, the landlord approached the Rent Control Authority seeking eviction on the above grounds.