(1.) The proposed respondent is the revision petitioner. The first respondent is the landlord and he filed a petition for fixation of fair rent in RCOP No.1618 of 2013 against the deceased second respondent and RCOP No.1868 of 2013 for eviction on the grounds of wilful default. In the above petitions, counter came to be filed by the respondent therein / second respondent herein that there is no jural relationship between the petitioner and the respondent in view of eviction in the year 2010 and induction of the revision petitioner as a tenant by the landlord. Thereafter, the revision petitioner filed a petition under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for deposit of rent in RCOP No.239 of 2014. Thereafter, the first respondent / landlord has filed a petition for eviction against the revision petitioner and the second respondent on the grounds of subletting. All these matters were taken up together for joint trial and the same are pending.
(2.) It is relevant to mention here that the revision petitioner and the second respondent are son and father. During the pendency of the above mentioned rent control proceedings, the second respondent / father died. Pursuant to which, the first respondent / landlord preferred a petition to bring the legal representative on record. The Rent Controller has allowed the petition and aggrieved over the order passed by the Rent Controller, the revision petitioner is before this Court.
(3.) Admittedly, the petition premises is non residential in nature. Section 2(8) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, reads as under: