V GOWRI Vs. GANDHI

JUDGEMENT

(1.) THE above Civil Revision Petitions are filed against the Common Judgment dated 12.11.2007 passed by the Rent Control Appellate Authority (VII Judge, Court of Small Causes), Chennai in R.C.A.Nos.46 and 47 of 2001, confirming the dismissal order dated 24.12.1998 in M.P.Nos.610 & 611 of 1998 in R.C.O.P. Nos.1339 and 1340 of 1997 on the file of the the Rent Controller, (XIII Judge, Court of Small Causes) at Chennai.

(2.) THE petitioner/Landlady in R.C.O.P.No.1340 of 1997 and R.C.O.P.No.1339 of 1997 is the revision petitioner before this court.

(3.) WHEN both the petitions are pending, the petitioner/ Landlady filed M.P.No.610 of 1998 in R.C.O.P.No.1339 of 1997 and M.P.No.611 of 1998 in R.C.O.P.No.1340 of 1997. In M.P.No.610 of 1998, it was stated by the petitioner/Landlady that the measurement of the shop is 10 x 14 and the total area of the entire property is 2160 sq.ft. Originally, there were thatched huts, which were under the occupation of her mother-in-law and four other tenants. The two shops with RCC Roof were constructed only in the year 1985. Even after the construction of the shops, her mother-in-law and the other tenants were living there. Later on, the other tenants and her mother-in-law vacated the portion in occupation in 1994. Taking advantage of the fact that the petitioner/Landlady was not residing there, the remaining portion which was not let out, was encroached upon by the tenant and he is falsely claiming that he is the tenant of the entire property. According to her, he is a tenant in respect of the shop only. As these particulars were not given in the R.C.O.P., they have to be incorporated in the main petition by way of an amendment. Accordingly, she wanted to add a paragraph in the main petition giving the above said particulars. It is also her further case that the property is situated at No.77, Redhills Road, Villivakkam, Chennai 49 and the sub-divisions were only given by her as 77/1 and 77/2. In fact, there is no such two numbers and therefore, the number 77/1 is to be deleted from the schedule and it is to be replaced as No.77 only.