M VEDAPURI Vs. O M RAJ

JUDGEMENT

(1.) THE Civil Revision Petition is directed against the Judgment and Decree, dated 23. 08. 2004 made in R. C. A. No. 7 of 1998 on the file of the Rent Control Appellate Authority / Principal Subordinate Judge, Chengalput, confirming the Order and Decretal Order, dated 13. 10. 1998 made in R. C. O. P. No. 2 of 1995 on the file of the Rent Controller / District Munsif, Chengalput.

(2.) THE revision petitioner herein is the tenant. The respondents herein have filed the Rent Control Original Petition under Sections 10 (2) (i), 10 (2) (ii) (b), 10 (2) (iii) (a), 10 (3) (a) (ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, seeking an order of eviction of the revision petitioner from the petition mentioned premises.

(3.) BEFORE the Rent Controller, the first respondent herein was examined as P. W. 1. Exs. A. 1 to A. 9 were marked. On the side of the revision petitioner, he himself was examined as R. W. 1, apart from examining R. W. 2 and marking Exs. B. 1 and B. 2. The Advocate Commissioner's plan and report were marked as Exs. C. 1 and C. 2. Considering the oral and documentary evidence and the arguments advanced by both sides, the learned Rent Controller allowed the petition and ordered eviction on the ground of wilful default, own use and occupation and for causing damage to the property and using the premises for the purpose other than for which it was let out and directed the revision petitioner herein to vacate and hand over the possession within two months from the date of the order. Aggrieved by which, the revision petitioner preferred the Rent Control Appeal. The learned Rent Control Appellate Authority, confirming the order and decretal order passed by the Rent Controller and dismissed the appeal. Against which, this Civil Revision Petition has been preferred by the tenant.