C. SUBBU THANGAM Vs. C. THANGACHAN

JUDGEMENT

(1.) CHALLENGING the fair and decretal order passed in R.C.A. No.3 of 2010, on the file of the Rent Control Appellate Authority, Principal Subordinate Court, Dindigul, reversing the fair and decretal order passed in R.C.O.P. No.4 of 2009, on the file of the Rent Controller, Principal District Munsif Court, Dindigul, the landlady has filed the above Civil Revision Petition.

(2.) DURING the pendency of the Civil Revision Petition, the landlady had died and her legal representatives were brought on record as the petitioners 2 to 5. The landlady filed R.C.O.P. No.4 of 2009 for eviction on the ground of own use and occupation. According to the landlady, the tenant agreed to pay the monthly rent of Rs.900/ - and also paid advance amount of Rs.20,000/ - for running a tea shop. Further according to the landlady her son had completed his education and is unemployed and therefore for starting a provision shop in the demised property, the landlady has filed the R.C.O.P. The tenant contended that the landlady did not require the premises for her own use and occupation and that she is having several properties in the same area. In these circumstances, the tenant prayed for dismissal of the R.C.O.P.

(3.) HEARD Mr.R.Nandakumar, learned Counsel appearing for the petitioners and Mr.J.Lawrance, learned Counsel appearing for the respondent.