N.A.K. GOPALAKRISHNARAJA Vs. P. ELANGOVAN

JUDGEMENT

(1.) THE petitioner, who is the landlord, has filed R.C.O.P. No. 4 of 2000 for evicting the tenant/respondent from the petition premises on the ground of own occupation and demolition and reconstruction.

(2.) THE petitioner claimed that the land and building described in the schedule to the petition was let to the father of the respondent for running a hotel business. After the death of the respondent's father, the respondent was carrying on the hotel business. The annual rent is Rs. 5400/ -. The lease agreement entered into by the respondents? father expired on 31.12.1997. The respondent did not pay any annual rent from the years 1998, 1999 and 2000 amounting to Rs. 16,200/ -. The respondent denied the title of the petitioner in respect of the superstructure. The petitioner requires the petition premises to demolish immediately and reconstruct the same. The petitioner has sufficient means to demolish and to reconstruct the new building. The petitioner was given a necessary undertaking as per the Act.

(3.) ON the pleadings, the petitioner examined his employee as P.W. 1 and marked exhibits A1 to A27. The respondent examined himself as R.W. 1 and marked exhibits B1 to B3.