MANI MUTHUSWAMY Vs. P SOUNDAPANDIYAN

JUDGEMENT

(1.) ONE Loganayaki Ammal filed H.P.C.O.P. No.9 of 1980, on the file of the Rent Controller (District Munsif), Kulithalai. Pending disposal of the said petition, she died, and the present petitioners have been impleaded as her legal heirs. Her husband Manimuthusamy has also been impleaded (as second petitioner).

(2.) THE petition for eviction was filed on the ground that the first respondent herein is a tenant of the petition mentioned building, agreeing to pay a monthly rent of Rs.90. It is an oral tenancy, and the rent is payable according to the English calendar month. Each month's rent is payable on the 5th of every succeeding English calendar month. It is seen that the first respondent is an advocate and also a politician. While occupying the building, he stood for election, and it is seen that he was for sometime a Minister. THE case that is put forward by the petitioners is that after he was elevated to the Cabinet, he shifted his residence to the Quarters and thereafter kept the premises locked from 1977 onwards. Since the building remained locked, it got damaged. It is also said that the same has affected the value and utility of the building. It is averred that till June, 1974 rent was paid and thereafter defaulted to pay rent from 1.7.1974. As on the date of petition, it is said that a sum of Rs.6,300 is due from the respondent/ tenant. On 22.1.1978, the petitioner (Loganayaki Ammal) issued a notice to the first respondent herein (tenant) demanding rent and possession. Though the same was received by the first respondent, he did not send a reply. Again, on 28.9.1979, the petitioner issued a registered notice. For that also, the respondent did not send any reply. Again, on 3.4.1980, the petitioner issued a notice to the respondent. For that also, the respondent did not send any reply. For the above reasons, the petitioners seek the assistance of court, to get the first respondent evicted from the building.

(3.) BEFORE the Rent Controller, P.Ws. 1 and 2 were examined on the side of the petitioners. They are respectively 4th and 2nd petitioners, and Exs.A-1 to A-13 were marked. The respondent got himself examined as R.W.I through Commission. Exs.B-1 to B-20 were marked on his side.