LAWS(MAD)-2004-2-236

RAMDAS Vs. KALIAMOORTHY DIED

Decided On February 11, 2004
RAMDAS Appellant
V/S
KALIAMOORTHY (DIED) Respondents

JUDGEMENT

(1.) THIS revision petition is filed by the petitioner, who is the appellant before the Appellate Authority. The respondent herein filed the petition for eviction underSecs.l0(2)(i),10(2)(ii)and10(3)(a)(iii) before the District Munsif (Rent Controller), Sirkali against the subtenant, who is the petitioner herein.

(2.) THE learned Rent Controller, agreeing with the contentions on two grounds, passed an order of eviction holding that the subtenant committed willful default and that the chief tenant needs the premises for his own occupation. As against the said order, the subtenant/the petitioner herein preferred the rent control appeal before the Subordinate Judge (Appellate Authority), Mayiladuthurai. Having gone through the evidence and records and upon hearing both sides, the learned Appellate Authority confirmed the order of eviction passed by the learned Rent Controller and dismissed the appeal. As against the fair and final order of the learned appellate authority, this revision petition has been preferred by the subtenant/petitioner.

(3.) THEREFORE, it follows that the ratio laid down in R.V.Srinivasan v. S.Jayabalan R.V.Srinivasan v. S.Jayabalan R.V.Srinivasan v. S.Jayabalan (1987)1 MLJ. 317, surely applies to this revision and it runs as follows: