RAJARANI SILK PALACE Vs. C K B MURUGAN

JUDGEMENT

(1.) THE tenants are the petitioners herein.

(2.) THE petition for eviction was filed under Secs.l0 (2)(ii)(a) and l0(2)(iii)of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 as amended by Act 23 of 1973 (hereinafter referred to as "the Act").

(3.) THE tenants filed the counter stating that there is no subletting to the respondents 6 to 8 as alleged by the landlord. According to the tenants, the rent is Rs.500 per mensem for both residential and non-residential portions. Even though the landlord agreed to give the entire portion, but he did not do so. Hence, the tenants initiated proceedings against the landlord and the same is now pending. According to the tenants, the landlord permitted the tenants to put up the superstructure on the first floor and also agreed to pay the expenses incurred by the tenants for such construction. Since the landlord refused to pay the expenses incurred by the tenants, the tenants filed a suit and the same is now pending. Hence, as a counter blast the landlord filed the present falsely alleging that the tenants sublet the petition premises to the respondents 6 to 8 without the written consent of the landlord. According to the tenants, no portion was sublet to the respondents 6 to 8 as alleged by the landlord. Hence, the petition is liable to be dismissed.