R RAMACHANDRA RAJA Vs. M NANDA GOVIND

JUDGEMENT

(1.) THE revision petitioner as landlord has filed this revision challenging the legality of the order passed by the Rent Control Appellate Authority (VII Judge, Court of Small Causes), Chennai in R. C. A. No. 723 of 1994 dated 26. 3. 1999.

(2.) THE revision petitioner filed the petition in R. C. O. P. No. 2415 of 1989 before the Rent Controller (XVI Judge, Court of Small Causes), Chennai for eviction of the respondent herein/tenant under Section 10 (2) (i) and 10 (2) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as "tamil Nadu Act 18 of 1960") on the basis that the respondent committed wilful default in the payment of rent and also without the petitioner's knowledge and consent committed waste in the demised premises by removing old super-structure and putting up a new construction. The learned Rent Controller, having analysed the evidence both oral and documentary adduced on either side and upon hearing the counsel for both sides, allowed the petition and directed the respondent to vacate the premises within two months from the date of the order.

(3.) AGGRIEVED by the order passed by the Rent Controller, the respondent herein filed the appeal in R. C. A. No. 723 of 1993 before the Rent Control Appellate Authority, who after having scrutinised the recorded evidence and after hearing the arguments advanced on either side, allowed the appeal by setting aside the fair and decretal orders passed by the Rent Controller and ultimately dismissed the petition filed by the revision petitioner before the Rent Controller. Hence, the revision petition.