LAWS(MAD)-2017-9-84

A RAMAN CHETTIAR Vs. S KRISHNAN

Decided On September 12, 2017
A Raman Chettiar Appellant
V/S
S KRISHNAN Respondents

JUDGEMENT

(1.) This civil revision petition is directed against the fair and decreetal orders, dated 26.09.2006, passed by the Rent Control Appellate Authority/Principal Subordinate Court, Madurai, in R.C.A.No.86 of 2000, confirming the fair and decreetal orders, dated 10.04.2000, passed in R.C.O.P.No.363 of 1990, on the file of the Rent Controller/District Munsif Court, Madurai.

(2.) For the sake of convenience, the parties are referred to as per the nomenclature in the rent control original petition.

(3.) In brief, according to the petitioner/landlord, the petition schedule property (hereinafter, referred to as ?the property?) belonged to the petitioner and leased out to the first respondent on a monthly rent of Rs. 205/- and the first respondent had subleased the property to the respondents 2 to 4 unauthorisedly without the consent of the petitioner and the respondents 2 to 4 are in possession and enjoyment of the property subleased to them by the first respondent and had been paying the rent to the first respondent and thereby, the respondents have become liable to be evicted from the property. Further, the property is an old building put up with tin sheets and mud walls and the mud walls of the building had developed many cracks and if the building is demolished and reconstructed, it will yield good returns and taking into consideration the locality of the building and also the fact that the petitioner has sufficient means to demolish and reconstruct the building and hence, the petitioner requires the building for the purpose of immediate demolition and reconstruction and the petitioner undertakes to demolish the building within the time allowed by law and the petitioner issued a notice to the respondents calling upon them to vacate the building and the respondents had sent a reply containing false allegations and hence, the petition.