G A PONNUSAMY Vs. N SANTHANAM

JUDGEMENT

(1.) THIS revision has been preferred by the tenant in RCOP. No. 4 of 2000 on the file of the Court of District Munsif (Rent Controller), Gobichettipalayam. The said RCOP was filed under Section 10 (2) (1) and 10 (3) (a) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act (herein after referred to as 'the Act' ).

(2.) ACCORDING to the respondent/landlord, on the date of filing of the RCOP a sum of Rs. 3,250/- is the arrears of rent due for the months of March, April and May - 2000. According to the tenant he had carried out repairs in the building to the tune of Rs. 15,000/- and that he had adjusted the rent towards maintenance charges borne by him for carrying out the repair works of the said building in the year 1992. The landlord has required the building for personal occupation ie. for his adopted son to conduct a business in the building.

(3.) BEFORE the learned Rent Controller, the petitioner has examined himself as P. W. 1 and exhibited Ex. P. 1 to Ex. P. 3 and the respondent has examined as R. W. 1 and Ex. R. 1 was marked. After going through the evidence both oral and documentary the learned Rent Controller has come to the conclusion that the petitioner is entitled to the relief as prayed for and accordingly allowed the application giving a months time to the respondent to vacate and handover the vacant possession. Aggrieved by the findings of the learned Rent Controller, the tenant/revision petitioner has preferred an appeal before the Rent Control Appellate Authority in RCA. No. 1 of 2002. The Rent Control Appellate Authority finding no material for interfering with the findings of the learned Rant Controller has dismissed the appeal granting one month further time for vacating and handing over the vacant possession of the petition scheduled building. Aggrieved by the findings of the Rent Control Appellate Authority the present revision has been preferred by the tenant.