THANGIAH NADAR Vs. JEYARAJ

JUDGEMENT

(1.) THE civil revision, is filed by the tenant, who has been ordered to be evicted by the learned Appellate Authority on the ground that the premises are required by the landlord for the purpose of demolition and reconstruction, reversing the order of the Rent Controller, dismissing the eviction petition.

(2.) FACTS briefly are: Proceedings relate to residential premises in Door No. 200/g, Tiruchendur Road , Palayancottai, Tirunel-veli. The respondent-landlord sought eviction of the petitioner-tenant in R. C. O. P.-No. 120 of 1984 before the Rent Controller (District Munsif), Tirunelveli under sec. 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 (hereinafter referred to as the Act) on the averment that the - property belonged to his father and his brothers and he was administering the same and receiving rent and that the premises were required for the purpose of demolition and reconstruction, since the locality was gaining importance and demolition and reconstruction had to be made for better economic investment, the building being also old and dilapidated. The necessary plan for the reconstruction had already been approved by the Municipal Authorities and the approved plan was filed along with the petition.

(3.) THE question that arises for consideration is whether the order of the Appellate Authority can be legally sustained"