CHANDRASEKARAN Vs. MARIMUTHU

JUDGEMENT

(1.) The respondents herein are the petitioners in RCOP No.5 of 2005 before the Rent Controller cum District Munsif at Pattukkottai. The said RCOP was filed for evicting the revision petitioner herein from the petition premises. The grounds of willful default and demolition and reconstruction were projected in the said RCOP. The revision petitioner herein filed his counter denying the title of the landlord over the superstructure. His defence is that the tenancy was only in respect of the site and that the petitioners in RCOP did not have title over the superstructure. According to the revision petitioner, the superstructure was put up by him and that there is nothing malafide in his denial of title of the landlords in respect of the superstructure.

(2.) The learned Rent Controller by order dated 29.07.2010 dismissed RCOP No.5 of 2005. Aggrieved by the same, the respondents herein filed RCA No.1 of 2011 before the Appellate Authority/Sub Court, Pattukkottai. The appellate authority by order dated 30.08.2016 allowed the appeal. Challenging the order passed by the appellate authority, this civil revision petition has been filed.

(3.) Heard the learned counsel on either side.