K VELAYUTHAM Vs. VENKATA NAICKER TRUST

JUDGEMENT

(1.) THE tenant, who has filed a petition under section 9(1) of the Tamil Nadu City Tenants Protection Act, 1922 against the respondent/landlord to decide the minimum extent of land necessary for his convenient enjoyment and to fix its price with a direction to the respondent to convey to the petitioner the extent of land for which the price is fixed, having lost his case in both the courts below, has filed the present revision petition.

(2.) THE respondent has filed a suit in O.S.No.316 of 1997 on the file of District Munsif, Erode for a direction to vacate the petitioner herein from the premises comprised in new Door Nos.86 to 89 (Old Door No.82A), New Shandy Road, now E.V.K. Sampath Salai, Erode Town on the ground that the petitioner is a chronic defaulter in payment of rent.

(3.) ON the petitioner side, documents Exs.A-1 to A-39 were marked and on the respondent side, Exs.B1 to B-28 were marked. ON the side of petitioner/tenant, the son of the petitioner was examined as P.W.1 apart from one Thiru Murugesan as P.W.2 while on the side of respondent, Thiru E.V.K.S.Ilangovan was examined as R.W.1. The learned trial Judge, after elaborate discussion of entire issues and analysis of evidence, having concluded that the respondent has been assessed by the Revenue authorities in respect of the property, has held that the petitioner has not come with clean hands and therefore, dismissed the O.P. The appeal filed by the petitioner against the order in the O.P., also came to be dismissed in C.M.A.No.7 of 2004 by the learned Appellate Authority/I Additional District Judge, Erode, against which the tenant has filed the present revision petition.