SHANMUGAM Vs. MIR SULTAN MOHIDEEN

JUDGEMENT

(1.) The appellant before the Rent Control Appellate Authority, Pondicherry is the revision petitioner. The revision is directed against the order of eviction on the ground that the petition non-residential premises is bona fide required for demolition and reconstruction, by the learned Rent Controller as confirmed by the learned Rent Control Appellate Authority.

(2.) The first respondent herein filed the Rent Control Original Petition for eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 that the petition non-residential premises is required bona fide for demolition and reconstruction stating that it was purchased by his grandfather on 28.3.1941 and on his death, the first respondent's father leased the building to the tenant N.Thiagarajan Pillai to use it as a godown for storing and sale of vegetables. On the death of his father, the tenant attorned his tenancy to the first respondent in 1970 and at the time of filing of the petition, the tenant was running in the petition premises a lorry booking office and transport service business in the name and style of Pushpa Vinayagar. According to the landlord, the petition premises is more than 75 years old constructed by Madras terrace and mud mortar and plastered with lime and it is highly dilapidated condition. Cracks have developed on the terrace and in the walls of the building. The terrace is sagging and it is resting on the support of 32 casuarina poles. There have been vacant space on the rear side and so it is required to be demolished for reconstruction to augment income and for better utility. Necessary approved plan has also been obtained from the Pondicherry Planning Authority and he has got sufficient income to put up new construction. He is also an income tax assessee. To the lawyer notice caused on 14.6.1988, the tenant, Thiagarajan Pillai did not reply, but however, he informed on 5.10.1988 that he would shift his business to one of the 5 shops constructed on his property at Mahathma Gandhi Road, Pondicherry. Even after construction of the said 5 shops bearing door Nos.447 to 452 at Mahathma Gandhi Road, Pondicherry, he has not vacated the petition premises. In fact the tenant Thiagarajan Pillai also gave a letter on 6.10.1993 that the petition premises have become very old and dilapidated and it is unsafe. Again the first respondent caused notice dated 12.9.1994 calling upon the tenant Thiagarajan Pillai to vacate and hand over the petition premises.

(3.) During the pendency of the Rent Control Original Petition, the original tenant Thiagarajan Pillai died and the respondents 2 to 5 have been impleased as his legal representatives.