V K BALAKRISHNAN Vs. C SHANKAR

JUDGEMENT

(1.) THIS Review petition arises against the order dated 02. 03. 2006 passed in C. R. P. (NPD)No. 878 of 2002, which itself was preferred against the order dated 08. 04. 2002 made in R. C. A. No. 853 of 1997 of the Rent Control Appellate Authority (VII Judge, Court of Small Causes), Chennai.

(2.) ORIGINALLY R. C. O. P. No. 2229 of 1995 was filed before the Rent Controller (XVI Judge, Court of Small Causes) Chennai, for eviction on the ground of wilful default. The Rent Controller has dismissed the eviction petition. That dismissal was on the ground that there was a bona fide denial of title. Subsequently, the Rent Control Appellate Authority found that there was no bona fide dispute regarding the title and the balance of convenience rests with the landlord and therefore based upon such other matters, eviction was ordered. It is against the said order of R. C. A. , the Civil revision petition was preferred by tenant Balakrishnan. The civil revision petition was dismissed on 02. 03. 2006. Subsequently, on 14. 03. 2006, revision petitioner died and his legal representatives are now impleaded. These legal representatives of the original tenant Balakrishnan are the review petitioners herein.

(3.) ON 2. 3. 2006, while deciding the Civil Revision Petition, this Court has gone into the order passed by the Rent Controller as well as the Rent Control Appellate Authority and had come to the conclusion that there was no bona fide denial of title and therefore, based upon the wilful default in payment of rent for 45 months, the civil revision petition was dismissed, confirming the order of the Rent Control Appellate Authority in passing an order of eviction.