S V PERIASAMY Vs. R SENTHIL KUMAR

JUDGEMENT

(1.) TENANTS in R.C.O.P.No.71 of 1987, on the file of Rent Controller (District Munsif's Court), Tuticorin, are the revision petitioners. First respondent herein filed the above eviction petition on the ground that the tenants have defaulted in payment of rent and the said default is wilful. It is also alleged that the building requires demolition and reconstruction. Eviction was also sought on various other grounds including acts of waste, acts of nuisance, claiming permanent tenancy without any bona fides etc. The last three grounds referred to above were found against the landlord even by Rent Controller, and the matter was not agitated before the Appellate Authority also on those grounds. The only ground for eviction which found favour with the Rent Controller was that the revision petitioners have committed wilful default and that the building requires demolition and reconstruction. The finding was also confirmed by the Appellate Authority. It is that judgment, which is sought to be revised by the revision petitioners.

(2.) IF this is the only ground that is agitated before this Court, being a finding of fact, it will not be proper on the part of this Court to interfere with those findings. But, when the appeal was pending before the Appellate Authority, respondents 2 and 3 in this revision got themselves impleaded as purchasers of the property as per sale deed dated 28.5.1991. In this revision, the main point urged was, what is the effect of a subsequent sale, and how far respondents 2 and 3 are entitled to get possession of the building when the Rent Control Petition itself is pending consideration by this Court, and the Order of eviction has not become final.

(3.) AS stated earlier, the grounds on which eviction is now sought is, default in payment of rent and also requirement of the building for demolition and reconstruction. The arrears of rent that is made mention of in the cause of action for the petition is from 6.11.1986 till the date of petition which was filed on 29.6.1987.