S KANNAN Vs. P MANOHARAN

JUDGEMENT

(1.) THIS petition coming on for hearing on Monday, the twenty eighth and Tuesday twenty ninth days of October, 1996 and upon perusing the petition, the orders of the Courts below and the record in the case and upon hearing the arguments of Mr. R. Viduthalai, Advocate for the petitioner and of Mr. P. Selvaraj, Advocate for the respondent and having stood over for consideration till this day, the Court delivered the following Judgment :- Landlord in RCOP No. 393 of 1982 on the file of the District Munsif-cum-Rent Controller, Madurai is the revision petitioner.

(2.) EVICTION was sought against the tenant on the ground that he has defaulted in paying rent at the rate of Rs. 350/- per mensem from the month of June 1981 and the default continued even on the date of petition. It was further said that the premises is very old i.e. 70 years old, and the front portion of the building is fairly in good condition. But the rest of the building has developed cracks, and the rear portion of the building is in a dangerous position and is likely to fall down at any time. It was further said that the building has to be demolished and reconstructed, and for such purposes, the landlord has got means. The landlord is in a position to start the reconstruction work within a month from the date of eviction.

(3.) IN so far as the other ground of eviction namely, demolition and reconstruction is concerned, it is the claim of the tenant that the building is 25 or 30 years old. It is in good condition, and it is not in a dilapidated condition as alleged in the eviction petition. He prayed for dismissal of the eviction petition.