E. VALLIAMMAL Vs. R. RAVICHANDRAN

JUDGEMENT

(1.) All these Civil Revision Petitions are arising out of Common Judgment made in R.C.O.Ps and R.C.As. Therefore Common Order is delivered in these Civil Revision Petitions. Out of three Civil Revision Petitions, two revision petitions are filed by the respective tenants and the respondents 2 to 4 in the R.C.O.P.Nos.1695 and 1697 of 2003. The C.R.P.No.833 of 2012 is filed by the respondents 2 to 4 in R.C.O.P.No.1696 of 2003 and the 1st respondent/tenant has not preferred any revision as against the order of eviction and he was arrayed as 2nd respondent in C.R.P.No.833 of 2012. In fact, the tenant Gopi who is 2nd respondent in C.R.P.No.833 of 2003 has vacated and handed over possession of the petition mentioned premises to the respondent herein/landlord even prior to the filing of this Civil Revision and to that effect he has executed Full and Final Settlement agreement to the landlord/respondent herein on 10.11.2011.

(2.) It is the case of the Revision petitioners/tenants and other petitioners 2 to 4 that one R.Ravichandran claims to be landlord of the petition premises on the ground that he has purchased the property under Ex-P-1 sale deed dated 07.12000. On the basis of the sale deed the respondent/landlord had taken constructive possession of the property on 07.12000. According to the revision petitioners 2 to 4, they are the owners of the petition mentioned property.

(3.) It is the case of respondent herein/landlord is that he, as a petitioner has filed three R.C.O.P against tenants R.Shanmugam (R.C.O.P.No.1695 of 2003), Gopi (R.C.O.P.No.1696 of 2003) and Annadurai (R.C.O.P.No.1697 of 2003) for eviction on the ground of wilful default. According to him, he is the owner of the commercial shops i.e., the respective petition premises by virtue of a registered sale deed dated 07.12.2000. At the time of purchase of petition mentioned premises, the respondent in the respective R.C.O.Ps are tenants under the predecessor in title of the respondent herein. Therefore an oral agreement was entered into between the revision petitioners/tenants and respondent herein/landlord that the respective tenants should vacate and hand over possession of the respective petition premises within eight months from the date of purchase, or as soon as they got already accommodation whichever is earlier. In fact, the revision petitioners have paid monthly rent for month of March and April 2001 and thereafter they have not paid the monthly rent and thereby committed wilful default in payment of monthly rent. Further the revision petitioners/tenants failed to vacate petition premises as per the oral agreement. Therefore, the landlord/respondent herein filed three R.C.O.Ps against three tenants for eviction on the ground of wilful default from May 2001 onwards.