NATARAJAN Vs. NACHIMUTHU CHETTIAR

JUDGEMENT

(1.) Mohan, J. before whom this revision came up for hearing, was of the view that the revision raises a question of law of importance, which needed determination by a Division Bench and consequently, the revision came to be posted before this Bench.

(2.) The question referred for consideration is, whether it is open to a sub-tenant to deny the title of the landlord in proceedings for eviction taken under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960, (hereinafter referred to as the Act).

(3.) The facts, which are not in controversy, are as under : The first respondent herein claimed to be the landlord of premises bearing door No. 50A in Udumalai Road, Pollachi and filed R. C. O. P. No. 48 of 1979 on the file of the Rent Controller, Coimbatore, under Ss.10(2)(i) and 10(2)(ii)(a) of the Act. He sought eviction of the second respondent herein and the revision petitioner, who were impleaded as respondents 1 and 2 in the petition. The landlord alleged that the second respondent was the tenant and the petitioner herein was the sub-tenant of the premises in question and the tenant had committed wilful default in payment of rent as well as sub-let the building unauthorisedly to the sub-tenant. The tenant did not contest the proceedings and remained ex parte. The sub-tenant did not deny the fact of the second respondent herein being the tenant of the building, but contended that one Gowhar Begum was the landlady of the building and it was to her he was paying the rent and as such, the landlord in the petition had no competence to file the petition for eviction.