CLARA Vs. VANITHA

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the Fair and Decreetal Order dtd. 18/8/2022 in I.A.No.93 of 2018 in R.C.O.P.No.34 of 2015 in the Court of the Rent Controller and District Munsif at Ootacamund.

(2.) The revision petitioner is the tenant and the respondent/landlord instituted a proceedings for eviction under the provisions of the Tamil Nadu Buildings (Lease and Rent Control Act) 1960. The Rent Control Original Proceedings in R.C.O.P.No.34 of 2015 was filed by the respondent/landlord on the ground that the husband of the revision petitioner Late Mr.Munian was the tenant originally and he died on 20/4/2015, leaving behind the revision petitioner and her children. Thus, the revision petitioner inherited the tenancy through her husband Late Sri.Munian. The respondent/landlord purchased the Schedule property through Sale Deed dtd. 4/10/2013 from Mr.P.Singaram, S/o.Late P.Ponnabalam and Smt.Bagam, W/o.Late Ayyakannu and her sons and daughter. The revision petitioner / tenant was in possession at that point of time and oral tenancyship was agreed and accordingly, the revision petitioner was continued to be in possession.

(3.) The respondent/landlord issued a legal notice to the revision petitioner/tenant to pay the arrears of rent from 1/10/2013 onwards, since the revision petitioner had committed default in payment of rent. The respondent/landlord has stated that she is not owning any residential house building at Ootacamund Town and further, the building is also very old and constructed originally by mudwalls and roofed with low quality Zink sheet with Mangalore tiles. Thus, it was in a dilapidated condition.