MEENA SRINIVASAN Vs. GEORGE

JUDGEMENT

(1.) CHALLENGE is made to the judgment and decree dated 29.01.2004 and made in RCA.NO.42 of 2002 on the file of the learned Appellate Authority (Subordinate Judge, Oothagamund).

(2.) THE facts which are absolutely necessary for the disposal of this memorandum of civil revision are given as hereunder: The revision petitioner is the owner of the non -residential premises bearing Door No.10/285 situated in Jagathala road, Jagathala Panchayat in Aruvankadu, Nilgiris. Originally, it was belonged to one D. Hiriya Gowder who is none other than the father of the revision petitioner and under his last Will and Testament dated 08.05.1986, he had bequeathed the above said property to the revision petitioner and thereby, he has become the owner of the above said premises.

(3.) THE conduct of the respondent is willfull and therefore a legal notice was issued to the respondent directing him to pay the arrears of rent from 01.10.1997 to 31.03.1998 amounting to Rs.1800/ - and also to quit and deliver the vacant possession of his premises. However, the respondent had not either chosen to pay the arrears of rent or to quit and deliver the possession of the demised premises. Therefore, the petitioner was constrained to file the petition in RCOP.No.42 of 1998 u/s 10 (2) (i) The Tamil Nadu Buildings (Lease & Rent Control) Act, 1960.