JANAKI AMMAL Vs. SAMINATHAN DIED

JUDGEMENT

(1.) This revision petition is filed against the fair and final order passed by the Appellate Authority (Subordinate Judge, Kumbakonam) in R.C.A.No.8 of 1991 DATED 18.9.1995.

(2.) The revision petitioners are the legal representatives of the deceased landlord Manicka Nadar, who initiated the proceedings before the Rent Controller (District Munsif), Kumbakonam for eviction of the 1st respondent/tenant (since deceased) from the demised premises on the ground of bona fide requirement of the premises for running the dhal business run by his wife, the 1st petitioner herein in a rented premises belonging to Sri Rajagopalasamy Temple at Kumbakonam. Having analysed the evidence adduced on either side and upon hearing the arguments of both the counsel, the learned Rent Controller passed an order of eviction holding that the requirement of the petition premises by the landlord for own occupation is bona fide. The 1st respondent/tenant (since deceased) preferred the appeal before the Rent Control Appellate Authority wherein the Appellate Authority after analysing the evidence on record and the arguments advanced on either side allowed the appeal by setting aside the order of eviction passed by the Rent Controller. Hence the revision.

(3.) The petition for eviction was filed by the landlord with the specific plea that his wife Janaki Ammal, 1st petitioner herein was selling dhal in a rented premises belonging to Sri Rajagopalasamy temple for about 40-45 years prior to the filing of the petition and that since the Devasthanam of the said temple requires possession of the said premises from his wife, it has become necessary to file the petition. P.W.1, the 2nd petitioner herein has also produced Ex.P-6, a notice issued by Sri Rajagopalasamy Temple Devasthanam to the 1st petitioner Janakiammal demanding her to vacate the premises and hand over the same to the Devasthanam, along with the receipts for payment of rent by her to the temple under Exs.P-10 to P-17.