S RAJENDRAN Vs. G R RAJAN

JUDGEMENT

(1.) THE petitioner is the landlord. He filed R.C.O.P.No.151 of 1998, on the file of the learned Rent Controller, Madurai Town, for eviction of respondent, who is the tenant, from the demised premises for the purpose of demolition and reconstruction under Section 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. THE building belongs to the petitioner.

(2.) IN the petition for eviction, he has alleged that the respondent/tenant is running a tailoring shop in the demised premises which was taken by him on lease for Rs.300/- as rent per month. The building is situated in a locality where the area is fast developing. As the existing building is old fashioned and not so strong to put up further construction, this Petitioner intends to pull down the same and put up a pucca building with all modern amenities for his convenient residence and also to construct commercial complex in the remaining portion. He has submitted the necessary building plan for approval to the Madurai City Municipal Corporation. He has got sufficient funds to demolish the building and to construct a new building. He has made all arrangements in this respect. On 08.05.1998, he sent a notice to the respondent to vacate and surrender the building. However, he did not send any reply. Hence, the petition may be allowed.

(3.) THE learned counsel for the petitioner Mr.R.A.Mohanram would strenuously contend that the pleadings made by this petitioner, the documents produced by him and also oral testimonies adduced on his behalf, would amply show that he bona fide requires the building for demolition and re-construction and the converse findings of the Rent Control Appellate Authority are not sustainable. He further submits that even though the landlord produced a copy of the plan which remained unapproved at the time of the enquiry in the eviction application, after the R.C.A. was over, he got the plan approved and that he has also increased the deposit of Rs.4,00,000/- to Rs.5,00,000/- for the purpose of demolition and re-construction.