S RAJU Vs. K NATHAMANI

JUDGEMENT

(1.) ALL these Revision Petitions are filed by tenants who occupy various portions of the same building. Landlord sought eviction of these tenants on the ground that they have committed wilful default in payment of rent and also that the building requires immediate demolition and reconstruction. Except in R.C.O.P. No. 20 of 1993 from which CRP No. 1984 of 1997 arises, in all the other eviction petitions, the Rent Controller as well as the Appellate Authority found that the tenants are liable to be evicted only on the ground of demolition and reconstruction. In those Petitions, it was found that the tenants were not in arrears and that they have not defaulted in payment of rent. But in C.R.P. No. 1984 of 1997, eviction was ordered by the Rent Controller on both the grounds and the same has been confirmed in appeal.

(2.) THE orders of both the Authorities below are sought to be revised under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, on the ground that the orders are illegal, improper and irregular.

(3.) IT has come out in evidence that the building is situated in an important locality and the schedule building is more than 50 years old even on the date of petition. IT is situated in the heart of Erode Town, an important town in Tamil Nadu, the same being a commercial centre. The evidence of the tenants shows that they had to repair the premises every now and then; they used to plaster the walls, fill up the cracks, etc. Along with the same, the Court can also take into consideration the present circumstances. All the tenants are paying Rs. 75/- per mensem as rent. Taking into consideration the importance of the locality and the development that has taken place, the rent which the landlord gets is really meagre. As I said already, their Lordships have given only certain examples to come to the conclusion while assessing the condition of the building. If the condition of the physical structure is only one of the relevant factors, naturally the Court will have to consider various other factors also to assess the condition of the building. (Emphasis)