MOHAN ETC. Vs. MEENAVATHI NAHAR

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India against the order of the Appellate Authority in R.C.A. No. 12 of 1996 on the file of the District Judge, Udagamandalam. An eviction petition was filed against the petitioner as R.C.O.P. No. 53 of 1993 on the file of the Rent Control Court, Udagamandalam. The application was filed for eviction on the ground that the respondent herein wanted the schedule building for additional accommodation.

(2.) In the counter statement filed by the. petitioner, the contention that was raised was that he is not in occupation of a part of the building, and, therefore, Sec. 10(3) (c) of the Tamil Nadu Buildings (Lease and Rent Control) Act is not applicable.

(3.) To substantiate his case the petitioned wanted a Commissioner to be appointed and the same was allowed. The Commissioner filed a report, for which, the petitioner had filed his objections. It was the case of the petitioner that the report is against true facts and, therefore, he wanted the same Commissioner to inspect the property once again. The Rent Controller as per order dated 20.1.1995, rejected the request and the case was posted for trial.