GOWTHAMCHAND JAIN Vs. N ELUMALAI

JUDGEMENT

(1.) THE Respondents 1 and 2 in the Rent Control Original Petition no. 4/1995, on the file of the Rent Controller, ( District Munsif Court) Villupura m , are the Revision Petitioners herein. This revision Petition is directed against the order dated 18. 3. 1997 passed by the learned Rent Controller (District Munsif Court), Villupuram , rejecting the memo, filed by the respondent herein, for receiving the unregistered lease deed, dated 26. 1. 1994 executed by the 2nd Revision Petitioner and his mother Pachaiyammal , wife of deceased Natesa Achari , in respect of the petition premises, as confirmed by the learned Rent Control appellate Authority, (Sub Court) Villupuram , as per the judgement dated 16. 12. 2002 passed in r. C. A. No. 21/1997, which is under challenge in this Revision Petition.

(2.) THE respondent herein is the elder brother of the 2nd revision Petitioner. THE Rent Control Original Petition No. 4/1995 was filed by the respondent herein against the Revision Petitioners for eviction, on the grounds of wilful default in payment of the rent and denial of title, stating that the petition shop originally belonged to one Natesa Achari , the father of the 2nd Revision Petitioner and the respondent herein, and on his death, it devolved on his wife Pachaiyammal , his two sons, namely the respondent herein and his brother, the 2nd Revision Petitioner, besides the three daughters.

(3.) LEARNED counsel for the Revision Petitioners submitted that though the lease deed dated 26. 1. 1994 is an unregistered one and is for a period of more than three years, it can be received for collateral purpose to prove the factum of possession and to show that life interest was given to the said Pachaiyammal and the vested interest to the other legal heirs of the deceased Natesa Achari , in respect of the petition premises.