M R SRINIVASAN Vs. V BALAKRISHNAN

JUDGEMENT

(1.) BY consent of both parties, both the Civil Revision Petitions are taken up for final hearing.

(2.) THE landlord is the petitioner in these two Civil Revision Petitions. He filed RCOP Nos. 61 and 63 of 1985 under Sec. 10(2)(i) (wilful default) and 10(2)(iii) (act of waste) of the Act respectively for eviction of the tenant. R. Balakrishnan, the respondent in both these Civil Revision Petitions. Since the landlord and the tenant in both the eviction petitions are one and the same, the Courts below passed a common order in both the eviction petitions. THE landlord filed a petition for eviction, contending that the petition premises bearing door Nos. 12 and 13 was leased out to the father of the respondent on monthly rent basis. At the time of the lease, door No. 13, was having a tiled building measuring 25' 20' with compound wall on four sides. Door No. 12 was having a tiled house measuring 50' 25' in the west and another third house measuring 15' 12' in the south east corner. THE respondent's father died four years back and after that the respondent had been paying the rent, However, he defaulted in payment of rent after 1.8.1983 for a period of 19 months up to February, 1985. THE respondent-demolished a portion of the building few months ago. Hence, the petitions for eviction were filed on the ground of wilful default and act of waste.

(3.) BEFORE the Rent Controller, P.Ws. 1 to 3 were examined on the side of the landlord and the respondent/tenant examined himself as RW. 1. Exs. A1 to A18 were marked on the side of the landlord and Exs. B1 to B 20 were marked on the side of the tenant.