HARIKRISHNAN DAGA Vs. LOKNATH RAO

JUDGEMENT

(1.) The petitioners are the landlords and the respondent is the tenant. The original landlord, died after an order of eviction passed by the learned Rent Controller. Thus, these petitioners were brought on record before Appellate Authority as the legal representatives of the deceased landlord. For the sake of convenience, I refer the parties as landlords and tenant respectively.

(2.) The landlords filed R.C.O.P.No. 399 of 2007 on the file of the Small Causes Court, Chennai, seeking for eviction of the tenant on the grounds of wilful default, act of waste, act of nuisance, sub-letting and demolition and reconstruction. The leaned Rent Controller, though rejected the grounds of wilful default, act of waste, act of nuisance and sub-letting, has however, allowed the eviction petition on the ground of demolition and reconstruction. The said order dated 21.7.2010 was challenged by the tenant before the learned Rent Control Appellate Authority , Chennai in R.C.A.No. 569 of 2010. By his judgment and decree dated 10.8.2012, the Appellate Authority reversed the finding and dismissed the eviction petition. Thus, the aggrieved landlords are before this Court.

(3.) It was pleaded by the landlords that the building is fairly old and its structural condition is very bad and the same may crumble down in the near future thereby causing loss of lives and properties. It was also stated that sufficient funds to carry on the work of demolition and reconstruction were available and steps were taken to apply for getting sanction for such purpose.