ALIS Vs. N JAYALAKSHMI

JUDGEMENT

(1.) The revision petition is filed against the judgment and decree dated 1.4.1997 in R.C.A.No.60 of 1995 on the file of the Subordinate Judge (Rent Control Appellate Authority), Coimbatore preferred against the judgment and decree dated 26.4.1995 in R.C.O.P.No.261 of 1979 on the file of the District Munsif (Rent Controller), Coimbatore.

(2.) The first petitioner (since deceased) preferred the revision petition and the 2nd petitioner and the respondents 2 to 5 are brought on record as his legal representatives in this revision proceedings.

(3.) The first petitioner is the tenant of the demised premises under the 1st respondent/landlord who initiated the proceedings before the Rent Controller for eviction of tenant/1st petitioner herein on the ground of demolition and reconstruction of the building and also wilful default in the payment of rent by the tenant. The learned Rent Controller, having analysed the evidence both oral and documentary adduced on either side and upon hearing the arguments advanced by the counsel, passed an order for eviction on the ground of wilful default committed by the tenant in the payment of rent and also holding that the landlord/1st respondent herein had not pressed the prayer for demolition and reconstruction of the building in the course of the proceedings. Hence, the 1st petitioner herein preferred the appeal before the Rent Control Appellate authority and there also, the order passed by the Rent Controller was confirmed holding that the 1st petitioner/tenant committed wilful default in the payment of rent. Hence the revision.