GEORGE THOMAS Vs. T SELVAPATHY

JUDGEMENT

(1.) The revision petitioners are the unsuccessful landlords before the Rent Control Appellate Authority.

(2.) The revision petitioners along with S.Rosemary alias Vasuki and the second respondent herein filed the Rent Control Original Petition seeking eviction of the first respondent herein from the petition residential premises, viz., thatched hut bearing door No.3, Narayana Maistry First Street (now Second Street), Villivakkam, Madras-49, under Section 10(2)(i), 10(3)(a)(i) and 10(2)(vii) of the Tamil Nadu Buildings (Lease and Rent Control Act, 1960 (hereinafter referred to as "the Act") on the ground of wilful default in payment of rent, that the petition residential premises is required bona fide for own use and occupation and on the ground of denial of title.

(3.) It is stated in the Rent Control Original Petition that the revision petitioners and two others are the owners of the property having inherited the same from late C.Thomas alias C.Kothandan, the husband of the first petitioner in the Rent Control Original Petition, viz., S.Rosemary alias Vasuki and the father of the petitioners 2 to 11 in the Rent Control Original Petition. The petition premises, which is a hut, constructed by the said C.Thomas alias C.Kothandan was let out to the first respondent herein and on his death intestate on 9.4.1988, the revision petitioners and two others succeeded to the petition property. The first respondent herein was in arrears of rent for two months, viz., from February, 1988 at the time of the death of C.Thomas alias C.Kothandan, and the first respondent herein failed to pay the rent wilfully, despite the demand made by the revision petitioners and two others even after issuing notice dated 11.9.1992. In the reply notice, the first respondent herein denied the title of the revision petitioners and two others. The petition premises is also required for own use and occupation since the place where the revision petitioners and two others are residing is not sufficient. The revision petitioners and two others have claimed that the first respondent herein has committed default in payment of rent wilfully from February, 1988 till September, 1992 to the tune of Rs.4,050/- at the rate of Rs.70/- per month. The first respondent herein is also liable for eviction on the ground of denial of title of the petition premises to the revision petitioners and two others.