F.C. VIJAYAKUMAR Vs. V. PRADEEP

JUDGEMENT

(1.) The above petitions are arising out of the common order passed by the VIII Small Causes Court Judge (Appellate Authority) in R.C.A.Nos.262, 263, 264, 265 and 266 of 2011 and therefore, a common order is being passed to dispose off all these petitions.

(2.) The tenants before the Rent Controller are the revision petitioners before this Court and they are aggrieved by the order of the Rent Control Appellate Authority upholding the orders of the Rent Controller and thereby dismissing all the appeals.

(3.) R.C.O.P.No.2172/2005 has been filed by one V.Pradeep against M/s.Arun Woodcrafts under Section 14(1)(b) of the Tamil Nadu Buildings (Lease & Rent Control) Act. It is the case of the petitioner in R.C.O.P.No.2172/2005 that the Shop Nos.8 & 9 in premises bearing Old No.35, New No.79, Thirumalai Pillai Road, T.Nagar, Chennai-17 have been allotted to the petitioner in a family arrangement between the family members and the petitioner. The tenant is running a Furniture business on a monthly rent of Rs.5,362/- and the said rent has been fixed by the XI Small Causes Court, Chennai in R.C.O.P.No.510/2001 dated 29.11.2002. It is the further case of the petitioner in R.C.O.P.No.2172/2005 that Shop Nos.1 to 9 in the premises bearing Old NO.35, New No.79, Thirumalai Pillai Road, T.Nagar, Chennai-17 is 35 years old and behind the shops vast vacant lands measuring about 3.20 grounds is owned by the petitioner. The petitioner intends to demolish the entire construction consisting of Shop Nos.1 to 9 and intends to construct a massive construction along with the backside portion which is now lying vacant. He has already approached the Chennai Corporation for the demolition of the existing construction and after the permission is granted, he intends to put up constructions not only in the place where Shop Nos.1 to 9 are existing but also on the back side portion which is now lying vacant. He also undertakes to commence the process of demolition within three months from the date of possession. He has also appraised this fact to this respondent in R.C.O.P.No.2172/2005 and also to the other tenants who are running business in the said premises. As the respondent has not come forward to vacate, he has filed R.C.O.P.No.2172/2005 to vacate the petition schedule premises which is comprising of Shop Nos.8 & 9 bearing Old No.35, New No.79, Thirumalai Pillai Road, T.Nagar, Chennai-17.