NIRMALA Vs. MARY STELLA

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order dated 09.09.2011 made in M.P.No.97 of 2011 in R.C.O.P.No.2082 of 2010 on the file of the XV Small Causes Court, Chennai.

(2.) The petitioners are the respondents and respondent is the petitioner in R.C.O.P.No.2082 of 2010 on the file of the XV Small Causes Court, Chennai. The respondent filed R.C.O.P.No.2082 of 2010 for eviction of the petitioners on the ground of wilful default, denial of title and owner's occupation. According to the respondent, plot No.233 was allotted to her by the Tamil Nadu Slum Clearance Board under the World Bank Scheme by its proceedings No.Se.Mu.No:16201/95/E-5, dated 20.05.1997. As per the lease-cum-sale agreement, the respondent has to pay a sum of Rs.35,000/- for 20 years from 01.05.1997. Though the total period 20 years is not over, the respondent paid entire balance amount on 05.05.2005 itself and got receipt from the Slum Clearance Board. The respondent has constructed a small building with brick wall and asbestos sheet and rented the same to the petitioners in the year 1998 and the monthly rent at the time of filing R.C.O.P. was Rs.900/-. The petitioners are close relatives of respondent. Taking advantage of the relationship, the petitioners took electricity connection in their name and respondent did not make any objection taking into consideration of the relationship of the parties. The respondent is residing in plot No.228.

(3.) The petitioners were paying the rent regularly till October 2005. In the month of October, 2005, the respondent requested the petitioners to vacate the premises for her own occupation. According to the respondent, the hut, in which, she is residing in plot No.228 is very small. The said hut is in dilapidated condition. It is unfit for residential purpose and therefore, requested the building for her own use and occupation. The petitioners refused to vacate the premises. In the circumstances, the respondent filed the R.C.O.P.