S C DHATCHAYANI Vs. A SATHAR ESSA

JUDGEMENT

(1.) THE petitioner in both the Civil Revision Petitions, is the owner of a property bearing Door No.110, South Masi Street, Madurai Town. THE ground floor of the said property comprises of two portions, one measuring 390 sq.ft., and another measuring 48 sq.ft. THE portion measuring 390 sq.ft., is in the occupation of the respondents, in CRP (NPD)(MD) No.736 of 2005. THE portion measuring 48 sq.ft., is in the occupation of the respondent, in CRP (NPD)(MD) No.124 of 2004.

(2.) THE petitioner filed RCOP No.463 of 1992 against the tenant of the portion measuring 48 sq.ft., for eviction under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, 1960. Similarly, the petitioner filed RCOP No.471 of 1992 against the tenant in occupation of the other portion, for eviction under Sections 10(2)(iii) and 10(3)(c) of the Act.

(3.) BY an order dated 24.3.2004, the Appellate Authority (Principal Sub Court), Madurai allowed RCA No.39 of 2001 and set aside the order of eviction passed in RCOP No.463 of 1992. BY another order dated 25.1.2005, the Appellate Authority dismissed RCA No.97 of 2000, thereby confirming the dismissal of the petition for eviction RCOP No.471 of 1992 in respect of the tenant occupying the bigger portion. In effect, both the eviction petitions were dismissed by the Appellate Authority.