M. GOVINDAN Vs. NATESA NAICKER

JUDGEMENT

(1.) THE revision petitioners, who are the respondents in the Rent Control Original Petition filed this revision petition against the judgment and decree dated 05.01.2008 made in RCA No. 1379 of 2005 on the file of VIII Small Causes Court, Chennai, confirming the fair and decreetal order dated 03.10.2005 made in RCOP No. 86 of 1995 on the file of XV Small Causes Court, Chennai.

(2.) FOR the sake of convenience, the legal heirs of the deceased petitioner in the Original Petition referred as respondents 1 to 4 and the respondents in the above said RCOP are referred as revision petitioners hereafter.

(3.) ON the side of the revision petitioners filed a detailed counter and denied various averments made in the eviction petition. According to the revision petitioners, the land in which the petition premises is situated is a poramboke land and it is belonged to the Government. The father of the revision petitioners had been living in the petition premises and after his death, the revision petitioners are residing in the premises. Therefore, the deceased Nadesa Nayakar or respondents 1 to 4 are not the owner of the petition premises either in the land or super -structure. According to the revision petitioners before filing original petition, existing super -structure was collapsed and the revision petitioners put up the present super -structure and therefore, the building belongs to the revision petitioners. Hence, there is no relationship of landlord and tenant existing between the revision petitioners and the respondents. Further, the suit in O.S. No.9657 of 1993 was pending before IV Assistant City Civil Court, Chennai. Therefore, the contention of the respondents that the revision petitioners wilfully and wantonly neglected to pay the monthly rent from December 1993 to December 1994 is absolutely false and the bonafide requirement for own occupation is also not true. Further, all the six sons and four daughters of the late Nadesa Nayakar are not impleaded. Therefore, this eviction petition is not maintainable.