SANTHA AMMAL Vs. SURYA NARAYANAN

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioners / tenants questioning the correctness of the judgment passed by the Rent Control Appellate Authority / Principal Subordinate Judge, Madurai, in R.C.A.No.73 of 2014, dated 09.12.2015, whereby and whereunder the order of eviction passed by the Rent Controller / Addition District Munsif, Madurai Town in R.C.O.P.No.111 of 2007, dated 25.09.2014, was confirmed.

(2.) The first respondent / landlord had leased out his premises to one Karuppaiah - original tenant viz., the husband and daughter of the petitioners / tenants, for running a petrol bunk. The original tenant and the first respondent / landlord had entered into a registered lease agreement on 14.07.1995 for a period of 15 years. As per the terms of lease, the original tenant shall apply to the authorities for installation of petroleum product including digging of the land and the tenant agreed to pay an enhanced rent at the rate of 25% at the beginning of every fourth year. The tenant was not regular in paying the monthly rent and not paid the enhanced rent also as agreed. Hence, the 1st respondent / landlord had initiated eviction proceedings in R.C.O.P.No.111 of 2007 before the Rent Controller, Madurai Town under Section 10(2)(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, against the original tenant on the ground of wilful default in payment of rent and for demolition and reconstruction. During the pendency of the said RCOP, the original tenant died and therefore, his heirs viz., the petitioners were subsequently impleaded.

(3.) The Rent Controller, Madurai Town, after considering the facts and circumstances, had allowed R.C.O.P.No.111 of 2007, on 25.09.2014 and directed the petitioners/tenants to vacate the premises and hand over the vacant possession of the same to the landlord within a period of three months, against which, the petitioners/tenants had filed an appeal before the Rent Control Appellate Authority, Madurai. After hearing the arguments of both sides, the Rent Control Appellate Authority, Madurai has dismissed the appeal on 09.12.2015, directing the petitioners/tenants to vacate and hand over the possession of the petition mentioned premises to the 1st respondent/landlord within three months, thereby, confirmed the order, dated 25.09.2014, passed by the Rent Controller, Madurai Town in R.C.O.P.No.111 of 2007. Aggrieved by the same, the present Civil Revision Petition has been filed by the petitioners/tenants.