M MOHAMED MOHIDEEN Vs. ASHA GOLD COVERING WORKS

JUDGEMENT

(1.) The revision petitioners are the subsequent purchasers, who were unsuccessful before the learned Rent Control Appellate Authority in securing the order of eviction from the petition non-residential premises, viz., one shop in premises No.17, Ranganathan Street, T.Nagar, Chennai-17 on the ground of denial of title.

(2.) The Rent Control Original Petition was originally filed by the second respondent herein claiming that he is the owner of the ground, shops and premises bearing door No.17, Ranganathan Street, T.Nagar, Madras-17 measuring 5 grounds in which the first respondent herein is a tenant in respect of the petition shop on a monthly rent of Rs.650/-. It is further stated that the first respondent herein became a tenant in 1968. Rental receipts have been issued for the rent paid. The electricity connection has been obtained for the shop in the name of the first respondent herein after getting consent letter from the second respondent herein. The first respondent herein filed a suit O.S.No.8680 of 1993 on the file of the V Assistant Judge, City Civil Court, Madras claiming that she is the owner of the superstructure and she has paid only the ground rent to the second respondent herein. The second respondent herein is the absolute owner of the superstructure and the land in respect of the petition shop. But, by filing the said suit the first respondent herein has denied the title of the second respondent without bona fide.

(3.) The petition was opposed in the counter that the first respondent herein is occupying the petition shop on a monthly rent of Rs.650/- for the land only and the superstructure belongs to her and she filed the suit O.S.No.8680 of 1993 and obtained order of interim injunction in I.A.No.18738 of 1993 and also filed I.A.No.18737 of 1993 restraining the second respondent herein not to alienate the property. Therefore, the first respondent herein denied the title of the second respondent herein bona fide with respect to the superstructure alone and the land belongs to the second respondent herein. The Rent Control Original Petition as filed is not maintainable. The schedule mentioned property, which was vacant land originally, bearing door No.21, Ranganathan Street, T.Nagar, Chennai-17 originally belonged to the second respondent's father A.P.N.Abdul Gaffar and on his death, it devolved upon the second respondent herein. From 1979, the door number has been changed as No.17. The front portion of the property facing Ranganathan Street are shops and the back portion of the larger extent are residential houses. The first respondent herein is occupying 45 feet North to South and 6.3 feet East to West measuring about 283.5 square feet facing Ranganathan Street which leads to Usman Road. Originally in the said vacant land one Smt.Subbammal, wife of S.V.S. Palaniappa Chettiar was doing business, and she sold the superstructure made up of wooden blocks to one Selvaraj Fernando, son of Jebamalai Fernando residing at No.15, Station Road, Kodambakkam, Chennai for Rs.1,501/- on 3.11.1963. Then, Selvaraj Fernando sold the superstructure to one Thommy, son of Maria Navias Fernando residing at No.17, Ulagappa Maistry Street, Chindadripet, Chennai, who in turn sold the superstructure to the first respondent herein for Rs.3,100/- on 4.9.1 968. After purchase, the first respondent herein invested several lakhs and running a fancy shop. The first respondent herein gave a registered power as per document No.1, Book No.4 between the pages 23 7-240 registered in the Sub Registrar Office at Kamudhi in favour of M.V.N.Samsugani and the power of holder is running the shop in the name of M/s.Asha Gold Covering Works. The second respondent's father Abdul Gaffar issued receipt for the advance amount of Rs.200/- paid by the first respondent herein on 1.8.1968.