DR. N.R. RAO ALIAS N. RAGHAVENDRA RAO Vs. M/S. PREMIER AUTO ELECTRIC PRIVATE LIMITED BY ITS BRANCH MANAGER, V.B. MENON

JUDGEMENT

(1.) The question in this petition is whether the issue, whether the premises have been used for a purpose not authorised, as a ground of eviction under S. 10 (2) (ii) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, is concluded by the principle of constructive res judicata. In the earlier proceedings, the ground for eviction was thus stated:

(2.) The provisions of the Code of Civil Procedure will not apply except to the extent by the Act itself. S. 11 is not one of them. The Act, by S. 19 makes certain decisions arrived at by the Tribunals under the Act final. It says that the Controller shall reject an application summarily if it raised between the same parties, or between parties under whom they or say of them claimed, substantially the same issues as had been finally decided or as purported to have been finally decided, in a former proceeding under the Act As we said, the issues under Cl. (a) and (b) are not the same, but different, and the present petition is not hit by S. 19, or by any principle of constructive res Judicata. The petition is therefore, allowed. The result is the Rent Controller will list the petition on his file for fresh and expeditious disposal. He will dispose of the petition within three months from to date. No costs.