JAYALAKSHMI Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) This is a civil revision petition filed under S.25 of the Tamil Nadu Act 18 of 1960, as amended by Act 23 of 1973, by the tenant against the judgment of the appellate authority in R.C.A. No. 30 of 1982 d/-13-12-1982, holding that the landlady's relief for demolition and reconstruction of the petition-mentioned premises is bona fide, the appeal was dismissed. Aggrieved by the judgment of the appellate authority the tenant has come forward with this revision inter alia contending that the confirmation of the order of the Rent Controller, pronounced on the petition filed by the landlord for eviction under S.14(1)(b) is incorrect and requires revision under S.25 of the Tamil Nadu Act 18 of 1960 as amended by Act 23 of 1973.

(2.) The learned counsel for the tenant, the revision petitioner herein, contends that the sale deed in favour of the landlady has not been filed and there is no adequate evidence available on record to hold that the condition of the building is so dilapidated and requires reconstruction after demolition. In this regard, the learned counsel for the revision petitioner refers to the decision in Metalware and Co. v. Bansilal (1979) 3 SCR 1107 : and relies on the following observation of the Supreme Court at page 1114 (of SCR) :-

(3.) The learned counsel for the tenant revision petitioner also refers to para 12 of Ex. A.3 dt. 19-12-1980, the reply notice sent by the revision petitioner herein which reads as follows :-