LAWS(MAD)-1996-2-98

K PANCHAVARNAMMAL DIED Vs. E SARASWATHIAMMAL

Decided On February 29, 1996
K PANCHAVARNAMMAL DIED Appellant
V/S
E SARASWATHIAMMAL Respondents

JUDGEMENT

(1.) TENANT in R. C. O. P. No. 431 of 1981, on the file of the rent Controller, Madurai Town , originally filed the revision petition. Later, she died and her legal representatives have been impleaded as additional petitioners 2 to 7, in this Revision.

(2.) RESPONDENTS herein filed the eviction petition on the ground that the tenant has committed willful default in payment of rent, that the building is required by the landlords bona fide for own use and occupation, and on the further ground that the tenant was making use of the premises for a purpose other than the one for which it was let out.

(3.) AGAINST the said decision, respondents filed R. C. A. 126 of 1989 before the Appellate Authority, Madurai. The Appellate Authority confirmed the finding of the Rent Controller that the tenant has not committed willful default. But in regard to other two grounds, i. e. , the tenant is using the premises for a different purpose and the building is required bona fide for own use, those points were found in favour of the landlords, and eviction was ordered. It may be noted that as against the decision in R. C. O. P. No. 101 of 1987, the landlords did not file any appeal and that has become final.