B DAYALAN Vs. A M BHUVANESWARI

JUDGEMENT

(1.) THE tenant is the revision petitioner. THE landlord filed RCOP.No.1734 of 2003 on the file of the XII Judge, Court of Small Causes, Chennai for eviction against the four tenants on the ground of demolition and reconstruction and the revision petitioner is the second respondent in that application. Learned Rent Controller on being satisfied with the boanafide requirement of the landlord passed eviction order in RCOP.No.1734 of 2003 on 2.7.2004 and against the order of eviction of four tenants, the revision petitioner filed an appeal in RCA.No.855 of 2004 on the file of the VIII Small Causes Court, Chennai and the learned Rent Control Appellate Authority also ordered eviction and aggrieved by the same, this revision is filed.

(2.) LEARNED counsel for the revision petitioner submitted that as per the engineer's report filed on behalf of the revision petitioner, the building is 40 years old and it is in good condition and not in dilapidated condition as stated by the respondent and without appreciating the same, the courts below relying upon the engineer's report filed by the landlord/respondent ordered eviction. He further submitted that the landlord/respondent admitted in evidence that three years prior to the application for eviction he advertised for sale of the property and therefore, the landlord's intention was only to evict the tenant and sell the property for good price and this has not been considered by the learned Rent Control Appellate Authority to arrive at the bonafide requirement of the landlord and therefore, the order of the courts below is liable to be set aside.

(3.) ACCORDING to me, the contentions of the learned counsel for the revision petitioner that the requirement of the landlord is not bonafide and the building is not in dilapidated condition and the building is only aged about 45 years old, cannot be accepted. In para 8 of the eviction petition, the landlord has stated that he has got means to put up a new construction and if new construction is put up that would be beneficial to him in all respect. The landlord has also given evidence to that effect and there is no denial regarding the means of the landlord to put up a new construction. The landlord has also filed proof for having obtained the plan.