LAWS(MAD)-1992-2-5

KANNAPPAN Vs. RAJESWARI AMMAL WIFE OF K BALASUNDARAM

Decided On February 14, 1992
KANNAPPAN Appellant
V/S
RAJESWARI AMMAL, WIFE OF K.BALASUNDARAM Respondents

JUDGEMENT

(1.) This second appeal and the Civil Revision Petition have a common origin. The petitioner in the revision petition, who is the appellant in the second appeal, is the landlord and hereinafter, he will be referred to as such. The respondent in both the cases is the tenant, and he will be referred to as such in this judgement.

(2.) The landlord filed R.C.O.P. No. 84 of 1968 under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act) for eviction of the tenant on the ground of wilful default and subletting. In the petition for eviction, the property is described by its door numbers and boundaries. The door numbers are mentioned as 75 and 76. The four boundaries are fully described.

(3.) The tenant contested the petition on the ground that she had not committed wilful default in payment of rent and she had not sublet the premises as alleged by the landlord. She raised another objection that a single petition for eviction was not maintainable, as the same was in respect of two premises viz., door Nos. 75 and 76.