SUBHIKSHA TRADING SERVICES LTD. Vs. WELS

JUDGEMENT

(1.) THIS revision arises out of the order dated 31.01.2014 passed by the Appellate Authority, Sub Court, Poonamallee in RCA No. 7 of 2011.

(2.) THE petitioners are the landlords of the property bearing Door No. 326, MTH Road, Ambattur, Chennai. They filed an eviction petition against the respondent in RCOP No. 2 of 1998 on the grounds of wilful default, denial of title and for demolition & re -construction.

(3.) THE tenant opposed the eviction petition contending that the petitioners are not the landlords and the respondent is not the tenant. The respondent further contended that the land is a poramboke land belonging to the Government and the building belongs to the respondent. The respondent's father had put up superstructure, obtained electricity service connection and the property was assessed for tax and he was paying the property tax. It is further stated that the petitioners attempted to dispossess the respondent and other three shop owners by force and hence the respondent filed suit in O.S. No.5 of 1997 against the petitioners and obtained interim injunction. The respondent is not liable to pay rent as the premises belongs to him and he also disputed the requirement of the petition premises for demolition and re -construction.