SUBRAMANIAPURAM RECREATION CLUB THROUGH ITS PREMPLOYEES STATE INSURANCE CORPORATIONDENT L PANDIAN Vs. M DEVARAYAN

JUDGEMENT

(1.) The tenant, who suffered an order of eviction, at the hands of both the Courts below, concurrently, on the complaint made by the landlord that the tenant has committed or caused to be committed acts of waste, as contemplated under Section 10(2)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act), is the revision petitioner.

(2.) The respondent, claiming as the owner of the petition mentioned property, having purchased the same from its original owner, as per the sale deed dated 27.5.1965 and alleging that the same is in the occupation of the respondent in the R.C.O.P., as tenant, and that he had committed acts of waste, has filed the petition for the eviction of the tenant, which was opposed.

(3.) In the counter, the revision petitioner, more or less pleading ignorance prior to his assuming office of the Recreation Club, opposed the application on the grounds that the petition, as such, is not maintainable, that even assuming that the constructions on the building by the revision petitioner are true, they may not amount to 'acts of waste, materially impairing the value or utility of the building', and therefore, on this ground, no eviction order could be passed.