VIJAYALAKSHMI Vs. RAMACHANDRAN

JUDGEMENT

(1.) This petition has been filed against the fair and decreetal order passed by the learned Additional Sub-Judge, Thanjavur in R.C.A.No.4 of 2012 dated 12.02.2013 confirming the Fair and Decreetal order of the District Munsif Court, Thanjavur in R.C.O.P.No.13 of 2008 dated 26.09.2011.

(2.) Originally, the petition in R.C.O.P 13 of 2008 was filed by the landlord under Sections 10(2)(1) and 10(3)(a)(i) of Tamil Nadu Buldings(Lease Rent Control) Act 1960 directing the tenant to hand over the petition premises to him. In the said petition, The landlord has sought for eviction on the ground of wilful default and own occupation. The Rent Control Authority after gone to the pleadings and on perusal of Ex.P.1 has given a finding that there is wilful default in payment of rent. The arrears of rent by the tenant is also admitted in the pleading itself and only with regard to the period, there is variation. Further the tenant has not taken any steps for making payment of rent by appropriate procedure. Regarding the other ground, whether the rental premises is needed for the landlord for own occupation and usage, it is stated that the another building possessed by the landlord has to be demolised for constrution and the said fact was not denied by the tenant even during the cross examination. Hence based on the finding that the there is wilful default on the part of the tenant and requirement of the landlord is a bonafide one, eviction was ordered.

(3.) Xxx xxx xxx