A RAJAGOPAL CHETTIAR Vs. SRINIVASAN

JUDGEMENT

(1.) Aggrieved over the order passed in RCA.Nos.19 & 20 of 2008 dated 05.09.2011, on the file of the Rent Control Appellate Authority and First Additional Sub Court, Coimbatore, reversing the fair and final order dated 19.11.2007 made in RCOP.Nos.120 & 118 of 2004, on the file of the Rent Controller and First Additional District Munsif Court, Coimbatore, the petitioner has filed the above Civil Revision Petition.

(2.) The petitioner/landlord filed petitions under Section 10 (2) (a) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 on the file of the Rent Controller (District Munsif Court, Coimbatore) praying for an order of eviction against the respondents. According to the petitioner, he is the owner of the building premises in Old Door No.24 and 25 and New Door No.53 situated in East Bashyakaralu Street, R.S.Puram, Coimbatore. Further he submitted that the subject property originally belongs to the petitioner and his cousin brother V.Muthusamy Chettiyar and the petitioner had filed a suit O.S.No.448 of 1979 before the Sub Court, Coimbatore for partition. A preliminary decree was passed in favour of the petitioner determining his half share of the property, which includes the subject property for lease to the respondents. Before passing the final decree, which was transferred to the file of Additional District and Sessions Judge, Fast Track Court III, Coimbatore, Muthusamy Chettiyar passed away and therefore the legal heirs of Muthusamy Chettiyar was impleaded in the final decree. The legal heirs of Muthusamy Chettiyar filed I.A.No.906/2004 to pass final decree based on the compromise arrived at between the legal heirs of the deceased Muthusamy Chettiyar with the petitioner. Accordingly, the Additional District and Sessions Judge, Fast Track Court III, Coimbatore recorded the compromise and passed a final decree on 31.03.2004 and the premises bearing Old Door No.24 and 25 and New Door No.53 situated in East Bashyakaralu Street, R.S.Puram, Coimbatore, was allotted as share of the petitioner absolutely. Therefore, the petitioner claimed that as per the final decree dated 31.03.2004 passed in O.S.No.448 of 1979, he has become absolute owner of the above said building and premises. After passing the final decree the petitioner contacted the respondents and directed to pay rent of Rs.2,000/- to him which was payable for the month of March 2004. It is further stated that though the respondents agreed to pay the rent they have not paid the rent. Therefore, the petitioner has sent a legal notice dated 01.06.2004 to the respondent directing them to pay the rent from March 2004. But the respondents neither sent any reply nor paid the rent. Therefore the petitioner filed the RCOP for eviction on the ground of willful default.

(3.) The respondents in their counter statement filed in RCOP stated that the first respondent is the foster son of one Kannammal who is Junior wife of late.V.Muthusamy Chettiyar, the cousin of the petitioner, who died on 07.06.2002. Further, they stated that the first wife of Muthusamy Chettiyar pre-deceased him on 25.09.2001. During the life time of Muthusamy Chettiyar the Junior wife Kannammal lived with him for more than 40 years and they lived as husband and wife. According to the respondents the said Kannammal had been allotted with the petition mentioned residential property for her occupation and she has been living there along with the first respondent who is none other than her foster son and daughter-in-law Meena/second respondent in the Northern portion of the suit property. In this regard Muthusamy Chettiyar also executed a registered Will dated 24.01.1979. It is admitted fact that the petitioner sent a registered notice dated 01.06.2004, for which, the respondent did not send any reply.