M BABU Vs. THANJAI THAMBI

JUDGEMENT

(1.) These Civil Revision Petitions have been filed against the judgment and decree dated 22.08.2012 made in R.C.A.Nos.34 and 35 of 2010 on the file of the Subordinate Court, Tambaram, reversing the fair and decretal order dated 28.07.2010 made in R.C.O.P.Nos.22 and 20 of 2007 on the file of the Rent Controller (Principal District Munsif Court), Alandur.

(2.) The parties and the issues involved in both the Civil Revision Petitions are interlinked and therefore, they are disposed of by this common order.

(3.) The petitioners are landlords and respondents in C.R.P.No.1027/2013 are the tenants in R.C.O.P.No.20 of 2007. The petitioners filed R.C.O.P.No.20 of 2007 against the respondents in C.R.P.No.1027/2013 and R.C.O.P.No.22 of 2007 against the respondent in C.R.P.No.1026/2013 for eviction on the ground of wilful default, demolition, reconstruction and subletting. According to the petitioners, they have purchased the property from erst while owner, P.Kannan, son of Parthasarathy by the registered sale deed dated 24.01.2007. They took possession of the residential portion on the date of purchase itself. The first respondent in R.C.O.P.No.20 of 2007 is tenant on a monthly rent of Rs.650/- and he is running a Juice Stall. The second respondent is tenant in another portion on a monthly rent of Rs.1100/- and was doing ready made garments business. The petitioners requested the respondents to attorn the tenancy in their favour by paying monthly rent to them. The respondents did not do so. The petitioners by notice dated 08.02.2003 issued through their counsel informed the respondents about their purchase and called upon them to pay the rent to them. The respondents did not comply with the said request and committed wilful default in paying the monthly rent. The petitioners also came to know that the first respondent sub-letted his portion to the second respondent in R.C.O.P.No.20 of 2007, who is now in occupation of two portions. The petition building is 80 years old and residential portion is covered with country tiles. The petitioners intend to demolish and reconstruct the said building by obtaining the building plan from the local municipality and filed both the R.C.O.Ps for eviction of the respondent in C.R.P.No.1026/2013 and respondents in R.C.O.P.No.1027/201