S THANGASWAMY Vs. R VINAYAKAMURTHY

JUDGEMENT

(1.) THE tenant has filed the above civil revision petition against the concurrent findings of both the authorities below, ordering eviction of the petitioner on the question of denial of title and also for demolition and reconstruction of the property in question.

(2.) THE respondent here in filed R.C.O.P.No.9 of 1986 under Sec.14(1)(b) and under Sec.10(2)(vii) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as the "Act"). THE plea of the landlord was that the building was required for demolition and reconstruction. THE petition was lacking in bona fides. THE Rent Controller on consideration of law and fact ordered eviction. Aggrieved against the same, the tenant preferred R.C.A.No.6 of 1989 and the same was dismissed on 20.2.1991 granting a month's time. Aggrieved by the orders of the Appellate Authority confirming the orders of the Rent Controller, the petitioner has preferred the above civil revision petition.

(3.) THE landlord is his petition filed for eviction of the tenant stated that the petitioner is a tenant of the nonresidential building and that he has executed a lease deed dated 1.1.1962. It is also stated that Door Nos.51,52 and 53 belong to the landlord and all the three buildings have a common superstructure and they are very old buildings more than 50 years of age and are in bad state of affairs. A portion of the building is a tiled one. THE petitioner also has given an undertaking that he would commence the demolition work within a month from the date of getting possession and complete the reconstruction of the building within three months thereafter. He issued notice to the petitioner herein on 4.6.1986 and he sent a reply. It is also stated further by the landlord that the tenant has denied the title of the landlord and that the denial is wilful, as it is evident from the counter affidavit. THErefore, the tenant is liable to be evicted on this ground as well.