LAWS(MAD)-2018-8-946

V. RAMAMOORTHY Vs. T.N. SHANKARAN

Decided On August 13, 2018
V. Ramamoorthy Appellant
V/S
T.N. Shankaran Respondents

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioner against the order dated 01.03.2007 passed in R.C.A.No.48 of 2015 on the file of the Rent Control Appellate Authority (Principal Subordinate Judge), Tiruchirapalli, setting aside the order of the Rent Controller (III Additional District Munsif), Tiruchirapalli dated 26.08.2015 passed in R.C.O.P.No.100 of 2013. The petitioner herein is the landlord and the respondent is the tenant.

(2.) For the sake of convenience, the petitioner and the respondent are referred to as the landlord and tenant hereinafter.

(3.) Brief facts in a nutshell is as follows: The landlord has filed R.C.O.P.No.100 of 2013 under Section 10(2)(iii) and 10(2)(vii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as "the said Act") alleging that on 01.11.1991, the landlord and tenant entered into a tenancy agreement, under which the ground floor portion of the building in No.7, Karur By-pass Road, near Chinnayya Pillai Chatram Bus Stand, Chinthamani, Tiruchirapalli Town (hereinafter referred to as "the demised building") was let out to the tenant for his hotel, sweet shop and juice shop business for a period of five years at the monthly rent of Rs. 1, 500/- payable on or before 5th day of each succeeding English calender month. On the date of execution of the tenancy agreement, the tenant had paid a sum of Rs. 2, 00, 000/- as advance.