KARPAGAM Vs. GUNASEKARAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed as against the fair and final order passed in R.C.A.No.1 of 2014 dtd. 27/10/2015, on the file of learned Sub Judge, Tiruvallur, thereby confirming the order passed in R.C.O.P.No.15 of 2009 dtd. 20/3/2014 on the file of the District Munsif Court, Tiruvallur.

(2.) The first respondent is the landlord and the second respondent is the tenant in the petition premises. The first respondent filed a petition for eviction under Sec. 14(1)(b) of the Tamil Nadu Buildings Lease and Rent Control Act, 1960 (hereinafter called as "the Act").

(3.) The case of the first respondent is that he purchased the petition premises from the erstwhile owner one R.A.Ibrahim and others by a registered sale deed dtd. 1/8/2008, vide Document No.8629 of 2008. The second respondent is the tenant under the previous owner. After purchase of the said property, the first respondent fixed monthly rent at Rs.1000.00 per month. However, the second respondent failed to pay the said rent from the date of purchase of the said property. Further, the petition premises is an aged building and its condition is in a very danger position and it may collapse at any time. Therefore, the first respondent intended to demolish the building for re-construction. The first respondent also had undertaken to offer the second respondent for reoccupation after completing construction. Hence, the first respondent issued notice dtd. 27/7/2009 to the second respondent, thereby calling upon him to vacate the premises. Pending the petition for eviction, the second respondent's whereabouts was not known and as such the wife of the second respondent filed a petition to implead herself as respondent in the eviction petition. It was allowed.