NASEENA BEGUM Vs. MOHAMMED THAQI

JUDGEMENT

(1.) THE concurrent orders passed in Rent Control Original Petition No. 165 of 1997 and in Rent Control Appeal No. 28 of 1999 by the Rent Controller (Second Additional District Munsif Court), Tiruchirapalli, and by the Rent Control Appellate Authority (Principal Subordinate Court), Tiruchirapalli, respectively are now under challenge.

(2.) THE respondent herein as petitioner has filed Rent Control Original Petition No. 165 of 1997 under Sections 10 (2) (1) and 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960, wherein the original tenant viz. , Sheik Noor Mohammed, has been shown as the respondent.

(3.) IT is stated in the petition that the demised premises belongs to the petitioner and the respondent has taken the same from the father of the petitioner for monthly rent of Rs. 100/- and each month's rent is payable before 5th of the next succeeding English calendar month. The father of the petitioner has acted as a trustee and the respondent filed a suit against the father of the petitioner in Original Suit No. 1217 of 1982 on the file of the District Munsif Court, Tiruchirapalli for the relief of permanent injunction. The respondent has agreed to attorn the tenancy in favour of the father of the petitioner. The father of the petitioner has passed away and now the petitioner has become landlord. The respondent has not paid rents from the date of filing of the suit. From may 1982 to till June 1997 the respondent is in arrears of monthly rents. The demised premises is an old thatched building and it requires demolition and reconstruction. Under the said circumstances, the present petition has been filed.