MURUGESAN NADAR Vs. K SIVAKUMAR

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the fair and executable order passed in R.C.A.No.8 of 2011 on the file of the learned Principal Subordinate Judge cum Rent Control Appellate Authority, Nagercoil, confirming the fair and executable order passed in R.C.O.P.No.15 of 2008 on the file of the learned Principal District Munsif cum Rent Controller of Nagercoil.

(2.) The petitioner/landlord has filed R.C.O.P.No.15 of 2008 before the learned Principal District Munsif cum Rent Controller, Nagercoil, for eviction of the scheduled building by directing the respondent to vacate and hand over the possession. The Rent Controller has gone through the evidence and documents especially, the lease agreement, which was marked as Ex.R.2 dated 05.06.2005. The requirement of the landlord was considered and the petition was allowed and the tenant was directed to vacate petition mentioned building and hand over the vacant possession within a period of three months. Against which, the petitioner/ tenant has filed R.C.A.No.8 of 2011.

(3.) In the appeal, the respondent/landlord submitted that the tenant cannot dictate the landlord and the landlord has liberty to choose anyone of the building as his wish for own occupation and the landlord has no other building in Nagecoil Town.