PRESIDENT COMMUNIST PARTY Vs. MOHAMMAD RAHAMATUL ANSARI

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order dated 7. 2. 1997, passed in R. C. A. No. 33/1996 on the file of the Appellate Authority (Sub Court) at Nagapattinam confirming the order dated 20. 2. 1989 made in R. C. O. P. No. 1/1987, on the file of the Rent Controller, Nannilam.

(2.) THE 2nd respondent in RCOP No. 1/1987 on the file of the Rent Controller, Nannilam is the revision petitioner before this court.

(3.) RCOP No. 1/1987 was filed by respondents 1 to 3 herein against the revision petitioner and the 4th respondent herein under Sec. 10 (2) (i) (a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter called the Rent Control Act' ). The landlords pleaded that the petition property was owned by them having purchased the same from the husband of the 4th respondent herein on 30. 9. 1971. Thereafter the vendor, i. e. , the husband of the 4th respondent herein became the tenant of the very same property on a monthly rent of Rs. 60/ -. The husband of the 4th respondent herein has not been prompt in paying the monthly rental amounts committing wilful default always and he had also sub-let the petition premises to the revision petitioner. As the husband of the 4th respondent passed away, the RCOP was filed against the 4th respondent herein and the revision petitioner alleging a default of Rs. 2,160/- towards rental arrears for three years. It was further stated in the RCOP that as early as on 4. 11. 1984 itself a notice was sent to the husband of the 4th respondent herein and the revision petitioner claiming recovery of possession of the petition property and even though the notice was received by them, they have not chosen to file any reply and therefore they filed the RCOP No. 1/1987.