G. SAGAYAM Vs. C. SIVIAH

JUDGEMENT

(1.) THIS Court Revision Petition is filed against the Judgment, dated 29.9.2006 made in R.C.A. No.18 of 2006 on the file of the learned Subordinate Judge of the Nilgris at Udagamandalam, thereby, confirming the Order of Eviction, dated 31.1.2006 made in R.C.O.P. No.69 of 2004 on the file of the Rent Controller, Udagamandalam, on the ground of wilful default.

(2.) THE Revision Petitioner is the Tenant. The building in occupation by the Tenant is a residential building. The only ground, which has been raised by the Revision Petitioner/Tenant is that earlier R.C.O.P. filed by the Landlord in R.C.O.P. No.49 of 1999 for eviction on the ground of own use and occupation was allowed and subsequently, the Execution Petition was filed in E.P. No.139 of 2001, but, the same was dismissed. Thereafter, the present R.C.O.P. in R.C.O.P. No.69 of 2004 was filed by the First Respondent herein/Landlord seeking eviction on the ground of wilful default. According to the Petitioner, the present R.C.O.P. was filed with an ulterior motive to just evict the Tenant and therefore, the present R.C.O.P. is not maintainable and the same is barred by res judicata and there is no reason to force the Tenant to vacate the premises, but, this vital fact has not been considered by both Courts below and concurrently order for eviction, hence, aggrieved against the same, the Tenant is before this Court with this Revision.

(3.) HEARD both sides. By consent, the main Revision itself is taken up for final disposal. I have also perused the records carefully.