LAWS(MAD)-2013-9-352

BOSOTTO BROS BAKERS AND CONFECTIONERS Vs. ARUNA CONSTRUCTIONS

Decided On September 05, 2013
Bosotto Bros Bakers And Confectioners Appellant
V/S
Aruna Constructions Respondents

JUDGEMENT

(1.) The Revision petitioner is the tenant. They are aggrieved against the order of eviction concurrently passed by both the courts below under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

(2.) The respondent herein as landlord filed RCOP No. 2156 of 2007 on the file of the Small Causes Court, Chennai seeking for eviction of the petitioner on the ground of demolition and reconstruction. According to the landlord, the petition premises is in a dilapidated condition and it may collapse at any time and therefore the building requires immediate demolition and reconstruction. It is also stated by them that they have got sufficient means to construct the building. Apart from that, it is contended by them that the proposed reconstruction would be beneficial and advantageous to their business. The Corporation of Chennai also permitted the landlord to demolish and reconstruct the building and sanctioned the building plan.

(3.) The said application was resisted by the tenant viz., the petitioner herein. The learned Rent Controller allowed the eviction petition by his order dated 18.10.2011. Aggrieved against the same, the tenant preferred an appeal in R.C.A.No. 630 of 2011 on the file of the Rent Control Appellate Authority, Chennai. The Appellate Authority, by an order dated 15.2.2013, dismissed the appeal and thereby confirmed the order of eviction. Hence, the present Civil Revision Petition is filed before this Court.