J P VIJAYAKUMAR Vs. S RANJAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order dated 13. 1. 2003, passed in R. C. A. No. 366/2002 on the file of the VII Court of Small Causes, Madras, setting aside the order of eviction dated 28. 3. 2002 passed in R. C. O. P. No. 926/2000, on the file of the XIII Court of Small Causes, madras.

(2.) THE brief facts leading to the Revision Petition are as follows:- THE Revision Petitioners filed RCOP No. 926/2000 on the file of 13th Court of Small Causes, Chennai against the respondents herein for eviction under Sec. 10 (2) (i), 10 (2) (ii) (a), 10 (2) (ii) (b), 10 (2) (iii) and 10 (3) (a) (ii) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 (hereinafter called'the Act'). By order dated 28. 3. 2002, the Rent Controller allowed the RCOP on all the grounds and ordered eviction against which the 1st respondent herein filed Appeal in RCA No. 366/2002 and the Rent Control appellate Authority by order dated 13. 1. 2003 reversed the order of the Rent controller and allowed the Appeal. Aggrieved by the order of the Appellate authority dated 13. 1. 2003, the above Revision Petition has been filed under Sec. 25 of the Act.

(3.) PER contra, the learned counsel for the 1st respondent submitted that in the absence of the partnership firm and the other partner as parties in the RCOP, the same is not maintainable. He also supported the other findings of the Appellate Authority while dismissing the RCOP filed by the revision Petitioners. He also relied on the judgment reported in AIR 1989 S. C. 865 cited supra and the other decision of this court reported in 1989 (1) L. W. 221 (Ramakrishna and Bros, etc. , v. T. P. N. Manickavalli ).