V.V.MOHAN Vs. M.JOTHY

JUDGEMENT

(1.) The landlord challenges the order made in RCA.No.21 of 2015 made by the appellate authority in an appeal under Sec. 23 of Tamil Nadu Buildings (Lease and Rent Control) Act, reversing the order of eviction passed by the Controller in RCOP.No.2 of 2014, a petition filed under Sec. 14(1)(b) of the said Act seeking eviction for the purpose of demolition and re-construction.

(2.) The landlord sought for eviction under Sec. 14(1)(b) of the Act. In the petition filed, the landlord had stated that he has already taken steps to construct a new building by demolishing the building in the 'B' schedule property. However, the landlord has not specifically set out the undertaking as required under Sec. 14(2)(b) of the Act, to the effect that he will commence demolition within a period of 1 month and complete it within a period of 3 months. This absence of the undertaking as required under Sec. 14(2)(b) was projected as defence by the tenant. The Rent Controller however rejected the claim of the tenant and allowed the application and ordered eviction. The tenant filed appeal.

(3.) Pending appeal, the landlord filed an affidavit of undertaking on 25/2/2020 complying with the requirements of Sec. 14(2)(b) of the Act. The appellate Authority, however, concluded that non-compliance with Sec. 14(2)(b) even at the time of filing of Original Petition is fatal to the claim of the landlord and on the said conclusion, allowed the appeal and dismissed the eviction petition. It will be pertinent to point out at this juncture, that the Appellate Authority concurred with the conclusion of the Rent Controller that the landlord made out a case for eviction under Sec. 14(1)(b) of Act.