R RAJALAKSHMI Vs. T V PALANISAMY

JUDGEMENT

(1.) THIS revision has arisen from the order of the Rent control Appellate Authority namely the Subordinate Judge, Uthagamandalam, made in RCA No. 32 of 2005 which arose from the order in I. A. No. 152/2004 in RCOP no. 37/2004.

(2.) THE revision petitioner-landlady originally filed a petition against the respondents therein including the respondent herein as the first respondent on the ground of willful default alleging that originally, the property was leased out to this respondent and also one Madaiya Chettiar as joint tenants; that on vacating the premises, they handed over possession; that following the same, one portion of the property was leased out to the second respondent in the RCOP namely P. V. Govindan, and the other portion is being occupied by Madaiya Chettiar; that there was default in payment of rental; that under the circumstances, the petition was filed for eviction; that they have added the first respondent also, who is the respondent herein, pursuant to a suit filed by him, wherein he claimed to be a joint tenant; that though he failed before the trial Court, he came out successful in the appellate forum which recorded a finding that he was also a tenant; and that on that ground, he was also added as one of the respondents in the RCOP. In short, the case of the revision petitioner before the Rent Controller was that there was willful default in payment of rental by all the respondents therein, and hence, they were to be evicted.

(3.) THE Court heard the learned Counsel on either side.