M S SULOCHANA Vs. S RATHINASABAPATHI MUDALIAR

JUDGEMENT

(1.) THE civil revision petition has been filed by the landlady against the order of the Principal Subordinate Judge/Appellate Authority, Vellore, in R.C.A.No.63 of 1990, reversing the order passed by the District Munsif/Rent Controller, Gudiyatham, in R.C.O.P.No.26 of 1987.

(2.) THE petitioner/landlady filed a petition for eviction against the respondent/tenant under Sec. 14( 1 )(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act). THE respondent is a tenant under the petitioner/landlady on a monthly rent of Rs.125, which was originally leased out to the father of the tenant who was doing hardware business. After his death the respondent/tenant is continuing as a tenant doing the same business of hardware. According to the landlady, the demised property is more than a century old and it is in a dilapidated condition and therefore, it requires immediate demolition. It is further stated by the landlady that income from the building is very negligible and since the building is 100 years old, the landlady decided to demolish the same and reconstruct a now building in order to augment more income. THE landlady was already obtained necessary approval from the, appropriate authorities for the purpose of reconstruction of the building. She has also obtained necessary planning permission for the said purpose. THE landlady has also gave an undertaking to reconstruct the building after demolition within the stipulated period as provided under the Act.

(3.) BEFORE the Rent Controller, the landlady filed Ex.A-1 dated 15.10.1986, which is the plan submitted by her for construction. The tenant filed Exs.B-land B-2. The landlady examined herself as P.W.I and one Kannan was examined as R.W.I on the side of the tenant. The Rent Controller, on a consideration of the materials placed before him, both oral and documentary, specifically held that the building is in a dilapidated condition and that the requirement of the landlady to demolish the building and to reconstruct in order to augment more income is bone fide. He has also relied on the evidence placed before him in order to prove that the building is old and in a dilapidated condition and that it is more than a century old. The Rent Controller has further referred to the means to demolish and reconstruct a new building in the said site.