K U IBRAHIM Vs. B M A SUKOOR

JUDGEMENT

(1.) THE tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as 'the Act'), has filed this civil revision petition against the concurrent order passed by both the Authorities below under Sec. 14 (1) (a) of the Act, directing the petitioner herein to hand over possession of the petition-building to the respondent landlord for the latter to carry out the repairs to the said building.

(2.) BEFORE referring to the submissions made by learned Counsel for the petitioner, I may point out the reasoning of learned lower Appellate Authority in R.C.A. No.30 of 1996, which can be gathered from the following passages appearing in its order:-

(3.) I shall deal with the second submission first. It has also been dealt with by the lower Appellate Authority, as shown in the above extracted passage. Despite the abovesaid argument of learned Counsel for the petitioner, I do not find any error in the reasoning of the lower Appellate Authority in this regard. When, for demolition itself permission has been granted, it cannot be contended that petition under Sec.14 (1) (a) of the Act would not lie. When the respondent-landlord chooses to seek a lesser remedy, which is actually more favourable to the petitioner-tenant, the latter cannot contend that the lesser remedy cannot be sought for at all and that only the larger remedy of completely evicting the petitioner under Sec.14 (1) (b) should be sought for.