T K SUBRAMANIA IYER DIED Vs. C NATARAJAN

JUDGEMENT

(1.) Originally the revision was filed by the landlords in R.C.O.P. No.7 of 1985, viz., petitioners 1 and 2 herein. Pending disposal of the revision, first petitioner died and his legal representatives, namely, petitioners 3 to 5 have been brought-on record as per Order in C.M.P. No. 84 of 1996 dated 19-1-1996. The said R.C.O.P. was filed before the Rent Controller, Udumalpet.

(2.) The material averments in the eviction petition are as follows :-

(3.) It is seen that the original owner Srinivasa Iyengar and Janaki Ammal executed an agreement for sale in favour of the original revision-petitioners herein. Since sale deed was not executed as per the agreement, they instituted a suit as O.S. No.96 of 1950, on the file of the District Munsiff's Court, Udumalpet. A decree was obtained and in execution the original petitioners herein got a sale deed executed through Court. That was on 16-12-1954. Thus the original petitioners became the owners of the property. The mortgagee Jagannatha Iyengar executed a release deed on 22-9-1984, as evidenced by Ex.A-3, and on the same date, instead of handing over possession of the property, he executed Ex.A-4, i.e., he authorised the original petitioners to recover all arrears of rent from his tenant and also to collect future rent from the building. Thereafter, the original petitioners issued a notice to the respondents on 25-1-1985. In that notice, a copy of which is marked as Ex.A-5, it is stated that respondents 1 and 2 herein are the tenants of the building and the third respondent is sub-lessee, that they have committed default in paying the rent both to original mortgagee and after release, to the petitioners herein, and they also wanted the building to be surrendered, for their own occupation. It is not disputed that the notice was accepted by the respondents, and finally when the demand was not complied with, on 16-4-1985, the present eviction petition was filed.