LAWS(MAD)-2013-11-136

N.L. NARASIMHAN Vs. T.I. VISWANATHAN

Decided On November 27, 2013
N.L. Narasimhan Appellant
V/S
T.I. Viswanathan Respondents

JUDGEMENT

(1.) These four revision petitions have been filed by the landlord against the orders passed by the Appellate Authority. Both the petitioner and the respondents in these revision petitions are one and the same, the issue involved for adjudication is also similar, therefore common arguments have been advanced and these civil revision petitions are disposed of by this common order. For the sake of convenience, the revision petitioner shall hereinafter be referred to as 'landlord' and the respondents shall be referred as 'tenants'.

(2.) The landlord has filed RCOP No. 2321 of 1997 before the learned Rent Controller under Section 10(2)(i) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter be referred to as 'The Act' for evicting the tenant on the ground of willful default in payment of rent. According to the landlord, the tenants were inducted in the petition mentioned property for residential use for a monthly rent of Rs. 3,000/- per month, but the tenants have not paid the rent from 01.04.1993 to 31.07.1997 for 52 months. It is further stated that the landlord is living along with his two sons, daughters-in-law and three grand children in the same building in a portion, therefore, he also sought for eviction of the tenants on the ground of owners own use and occupation.

(3.) During the pendency of RCOP No. 2321 of 1997, the landlord has filed RCOP No. 1945 of 1999 for fixation of fair rent for the petition mentioned premises at Rs. 1,30,711/- per month. Thereafter, the landlord has filed RCOP No. 1946 of 1999 for eviction of the tenants on the ground of willful default in payment of rent for the subsequent period from 01.08.1997 till 11.07.1999 as well as for committing act of waste in the Petition mentioned premises.