RAGHUNATH ENGINEERING COMPANY Vs. K. GANESAN

JUDGEMENT

(1.) The Civil Revision Petition is filed to strike off R.C.O.P.No.199 of 2005 on the file of the District Munsif Court (Rent Controller), Coimbatore.

(2.) The petitioners are tenants and the respondents are landlords. The respondents filed R.C.O.P.No.199 of 2005 on the file of the Principal District Munsif Court, Coimbatore, for eviction on the ground of wilful default, act of waste and own use and occupation. According to the respondents, petitioners as tenants paid rent up to 20.04.2005 and thereafter, failed to pay the rent. At the time of leasing out the property, machineries are given to the first respondent for lease. The petitioners are maintaining the machineries, but they are not maintaining the boiler and the same is in bad condition. The petitioners are deliberately trying to damage the coconut trees. The respondents are making arrangement to start a new business of buying and selling of foundry waste and they require the petition building for their own occupation.

(3.) The petitioners filed present Civil Revision Petition to strike off R.C.O.P. as not maintainable. According to the petitioners, the lease is composite lease for building and machineries. In view of Section 30(iii) of the Rent Control Act, the provision of Rent Control Act is not applicable. The learned counsel for the petitioners referred to para-5 of the petition in R.C.O.P. and schedule to the petition and contended that the respondents leased out machineries also. The respondents leased out building together with fixtures and machineries for the purpose of running the industry. In this case, nature of lease is very important. The building was leased out only to run the industry. In the circumstances, the building cannot be subjected to rent control proceedings and it is exempted under Section 30(iii) of the Rent Control Act with regard to the building. Even if they filed R.C.O.P. only with regard to building, they cannot maintain R.C.O.P. in view of the nature of the lease. The learned counsel for the petitioner in support of his contention, relied on the following judgment passed by the Division Bench of this Court reported in (K.V.Jaisingh v. C.R.Govindaswami Chettiar (died) and five others, 1995 1 LW 154);