T.SATHYAMOORTHY Vs. SUBRAMANIAM

JUDGEMENT

(1.) Challenge in this Revision is to the order of eviction passed on the ground of requirement for demolition and re-construction under 14(1)(b) of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960.

(2.) The landlords, four in number, sought for eviction of the tenant on two grounds viz., willful default and demolition and re-construction. The Rent Control Original Petition itself was presented through a power of attorney. The power document was marked as Ex.P1. The landlords would contend that the tenant has committed default in payment of rent for the period from November 2014 to February 2015 and hence, the tenant is liable to be evicted.

(3.) It was also contended that the building is very old and the landlords require the same for demolition and re-construction. It was claimed that the adjacent properties viz., Door Nos.60 to 68 also belong to the landlords and out of the Door Nos.60 to 68, Door No.67 is residential house and the others are shops and they have been leased out to various tenants and separate applications are being made to evict the tenants. It is claimed that the building is sufficiently old. Eviction proceedings were taken once in the year 1980 and the landlords could not succeed. The required undertaking to commence the demolition within a period of one month and to completed the same before the expiry of three months was also given. It is also averred that the tenant had agreed to vacate possession by 1/3/2015 and he had failed to do so.