M.K. SELVARAJ Vs. HAMEED FATHIMA GHANI

JUDGEMENT

(1.) The petitioners are aggrieved against the order of eviction. The respondent is the landlady. The respondent/landlady filed R.C.O.P. No. 17 of 2005 on the file of the Rent Controller, Nagapattinam seeking for eviction of the petitioners on the grounds of willful default, act of waste, sub-letting, public nuisance and personal occupation. The learned Rent Controller allowed the petition on the grounds of willful default, act of waste, sub-letting and public nuisance and however, rejected the same sought on the ground of personal occupation. Aggrieved against the same, the petitioners herein filed appeal in R.C.A. Nos. 1 of 2008. The Appellate Authority confirmed the order of eviction on the grounds of willful default, act of waste and sub-letting and however rejected the petition sought on the ground of public nuisance. Aggrieved against the same, C.R.P.(NPD) No. 1290 of 2009 is filed before this Court.

(2.) The petitioner is the tenant. He is aggrieved against the order rejecting his application filed under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act. He filed R.C.O.P. No. 20 of 2005 on the file of the Rent Controller, Nagapattinam, seeking for deposit of rent into the court. The learned Rent Controller dismissed the application. Further appeal filed by the petitioner/tenant in R.C.A. No. 2 of 2008 also met with the same result. Hence, the present Civil Revision Petition in C.R.P.(NPD) No. 1291 of 2009 is filed before this Court.

(3.) Let us first consider C.R.P.(NPD) No. 1290 of 2009 filed against the order of the eviction. Though the landlady filed eviction petition on five grounds, in pursuant to the orders passed by the learned Rent Controller and the Appellate Authority, only three grounds, viz., willful default, act of waste and sub-letting are the grounds accepted by the courts below based on which the eviction order was passed against the tenants concurrently. Thus, the following are the issues that arise for consideration in this Civil Revision Petition.