M. RASU Vs. T.K. SHANMUGAM

JUDGEMENT

(1.) The tenant is the petitioner herein. The landlord filed the petition for eviction against the tenant on the grounds of wilful default in payment of rent under Section 10(2)(1) and for requirement of the petition premises immediately bona fide for demolition and reconstruction under Sec. 14(1)(b) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 as amended by Act 23 of 1973 (hereinafter referred to as the Act). The Rent Controller held that there is no wilful default in payment of rent as alleged by the landlord. So also, the Rent Controller held that there is bona fide on the part of the landlord in requiring the petition premises under Sect. 14(1)(b) of the Act. Accordingly, the petition for eviction was dismissed. On appeal, the Rent Control Appellate Authority held that the tenant committed wilful default in payment of rent and the requirement of the landlord of the petition premises under Sec. 14(1)(b) of the Act is bona fide. Accordingly, the Rent Controller Appellate Authority reversed the order passed by the Rent Controller and ordered eviction on both these grounds. It is against this order, the tenant is in revision before this court.

(2.) Learned counsel appearing for the tenant submitted as under:-

(3.) Learned counsel appearing for the respondent/landlord submitted as under:-