R. BASKARAN Vs. M.K. THANGAVELU

JUDGEMENT

(1.) The tenant is the Civil Revision Petitioner before this Court, challenging the order in RCA.No.561 of 2009, on the file of the learned VIIIth Judge, Small Causes Court, Chennai (Rent Control Appellate Authority).

(2.) It is the case of the respondent/landlord is that the respondent has let out the petition premises to the petitioner in the year 1991, the petitioner who is the tenant in the petition premises for Non-residential purpose a portion of the Ground floor on monthly rent of Rs. 850/- from 16.07.1991 and the petitioner has paid a sum of Rs. 15,000/- as advance amount for the tenancy portion. Later on, the rent amount was enhanced to Rs. 1,800/-.

(3.) It is the further case of the landlord is that the tenant has been making payment of rental amount of Rs. 1,800/- per month with electricity charges Rs. 30/- per month till may 2004 accepting the respondent is the landlord and the lawful owner of the petition premises. The landlord has filed the Rent Control Proceedings in RCOP.No.1840 of 2004 for eviction against the tenant under Sections 10(2)(i) 10(2)(vii) and 10(3)(a)(iii) of the Act, but the said RCOP.No.1840 of 2004 was dismissed on the ground that the petition premises has notified as slum area as the landlord should have taken prior permission from the Tamil Nadu Sulm Clearance Board before filing RCOP as per tenants contention. After the dismissal of the RCOP.No.1840 of 2004, the landlord has verified the fact from the Tamil Nadu Slum Clearance Board and came to know that the petition premises was not notified as slum area by the Tamil Nadu Slum Clearance Board and therefore, the landlord has filed an appeal in RCA.No.90 of 2007 and the same is pending.