LAWS(MAD)-1991-11-23

VAITHIANATHA ASARI Vs. SENTHAMIL SELVI

Decided On November 06, 1991
VAITHIANATHA ASARI Appellant
V/S
SENTHAMIL SELVI Respondents

JUDGEMENT

(1.) The civil revision petition itself is taken up for disposal by consent of parties. It arises out of a petition for eviction filed by the respondent under Ss. 10(2) (vii), 10(3) (a)(i) and 14(1)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

(2.) The petitioner contested the petition claiming that he had perfected title by adverse possession. He also contended that the requirement of the respondent was not bona fide. The Rent Controller held against the contentions raised by the petitioner and passed an order of eviction. On appeal, the petitioner raised a new contention that he was entitled to the benefits of the Tamil Nadu Rural Artisans (Conferment of Ownership Kudiyiruppu) Act, 1976 (Tamil Nadu Act 38 of 1976) as he was holding the land as a Kudiyiruppudar. That contention was negatived by the Appellate Authority and the order of eviction was confirmed.

(3.) In this Court, the same contentions which were put forward by the petitioner in the Courts below are repeated before me. Before dealing with the contentions, it is necessary to set out a few facts.