GANESAN Vs. RAJANAYAGAM

JUDGEMENT

(1.) AGAINST the order of eviction passed by the Rent Controller and as confirmed by the Appellate Authority, the original tenant's son who was impleaded as the second respondent during the pendency of the matter before the Rent Controller, has filed this revision.

(2.) THE respondents herein filed R.C.O.P. No. 84/87 before the Rent Controller (District Munsif) Tirunelveli, against the present petitioner's father one Ramakani Nadar, seeking eviction from the scheduled mentioned premises, on the ground of demolition and reconstruction. The petitioner's father took the defence in the above petition that the respondents were not the owners of the superstructure, but only to the land and therefore, the Rent Controller had no jurisdiction and he had the protection under the City Tenants' Protection Act, since he (the original lessee Ramakani-now dead) was the owner of the superstructure. In support of his claim, he filed several documents including the lease deed, property tax demand notice and receipt and electricity bills which were in the name of the tenant.

(3.) AGGRIEVED by the order of the learned Rent Controller dated 21.6.93 ordering eviction, the tenants filed RCA No. 37 of 1993 before the Appellate Authority (Subordinate Judge), Tirunelveli who also dismissed the appeal by his order dated 30.10.1996 by confirming the order of eviction passed by the learned Rent Controller.