D. GOPAL Vs. G. RAJATHIAMMAL

JUDGEMENT

(1.) Tenant/5th respondent in R.C.O.P. No. 2077 of 1988 on the file of XI Small Causes Court, Madras, is the revision petitioner. The landlady has filed a petition for eviction under Sec. 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 as amended by Act 23 of 1973.

(2.) According to the respondent, the building is situated in an excellent locality near Pondy Bazaar. The building is 40 years old and the condition of the building is bad. The superstructure consists only of Mangalore tiles and R.C.C. shed. The walls are also in a dilapidated condition. The petition for eviction was against six respondents/tenants. The 5th respondent/tenant is the petitioner is this Civil Revision Petition.

(3.) In the counter filed jointly by the respondents 2 to 5 it is stated that the building is in sound condition and does not require demolition. There is no means sufficient with the respondent for reconstruction. They have also raised a plea that they are only lessees of the land alone and they are the owners of the superstructure.