BADARU SALMA Vs. D SANTHAMURTHI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the judgment and decree dated 20.1.2000 made in R.C.A.No.2 of 2000 on the file of Subordinate Court, Thiruvarur reversing the judgment and decree dated 25.3.1999 made in R.C.O.P.No.1 of 1998 on the file of the Rent Controller, Thiruvarur.

(2.) The petitioner filed a petition before the Rent Controller, Thiruvarur. The petitioner is the owner of schedule mentioned non-residential tiled old building, which was rented out to the respondent at Rs.150/- per month. From October 1995 the respondent did not pay the rent. Though the petitioner, who has been in the Isles from 1996, has never refused to receive the rent, the respondent created some documents maliciously to circumvent the default in payment of the rent. Since the respondent committed wilful default, he is liable to be evicted from the said building.

(3.) It is further stated that the petitioner is having a proposal to demolish the existing old tiled building and to put a pucca R.C.C. building and that obtained a license from the Municipal Council, Thiruvarur on 21.3.1997. The petitioner undertakes that she will demolish the existing building within one month from the date of delivery of possession and complete the construction within three months thereafter. The petition building is not exempted under Section 30 of the Act.