R CHINNAPPAN Vs. KAIRUNBEE

JUDGEMENT

(1.) The above civil revision petition has been filed against the judgment and decree dated 27.8.1996 rendered in R.C.A.No.15 of 1993 by the Rent Control Appellate Authority and the Subordinate Judge, Krishnagiri thereby confirming the fair and decretal order dated 28.10.1993 made in R.C.O.P.No.10 of 1989 by the Court of Rent Controller and the District Munsif, Krishnagiri.

(2.) Tracing the history of the case, what comes to be known is that the husband of the respondent herein has filed R.C.O.P.No.10 of 1989 before the Rent Controller and the District Munsif, Krishnagiri as against the revision petitioners herein and another under Sections 10(2) and 14(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act (Act 18 of 1960) thereby praying to direct the respondents therein/the tenants to surrender possession of Door Nos.44 to 47 thus evicting the respondents therein from the building and for costs; that since the husband of the respondent herein died during the pendency of the said RCOP, the respondent was impleaded as the second petitioner therein.

(3.) The learned Rent Controller has conducted an enquiry into the matter wherein on behalf of the landlord/the respondent would examine herself as P.W.1 for oral evidence and would mark three documents as Exs.A.1 to A.3 for the documentary evidence. On the contrary, on behalf of the tenants/the revision petitioners herein, they would examine themselves respectively as R.Ws.1 to 3 for oral evidence with no documents marked on their side. The report of the Advocate-Commissioner was marked as Ex.C.1. Thereupon, the learned Rent Controller, having assessed the evidence placed on record in his own way, has allowed the said RCOP thereby directing the tenants therein to vacate the premises within two months from the date of that order and hand-over vacant possession to the landlord since the landlord has to demolish the said premises to construct the new building.