J NIRMAL KUMAR Vs. S ESWARI AMMAL

JUDGEMENT

(1.) THIS revision has been directed against the Judgment in RCA No.145 of 2004 on the file of VIII Judge(Rent Control Appellate Authority) Court of Small Causes, Chennai which had arisen out of an order in R.C.O.P.No.361 of 2003 on the file of XV Judge(Rent Controller) Court of Small Causes, Chennai. The tenant who had succeeded before the learned Rent Controller but unfortunately lost his case before the learned Rent Control Appellate Authority is the revision petitioner herein.

(2.) R.C.O.P.No.361 of 2003 was filed under Sections 10(3)(a)(iii) and 10(3)(c) of the Tamil Nadu Buildings( Lease and Rent Control) Act( Hereinafter referred to as "Act") before the XV Judge(Rent Controller) Court of Small Causes, Chennai.

(3.) BEFORE the learned Rent Controller, P.W.1 was examined and Exs P1 to P14 were marked and on the side of the respondent, the respondent has examined himself as R.W1 besides examining one Manavalan as R.W.2 and has exhibited R1 to R16. On the basis of the available documentary and oral evidence, the learned Rent Controller has held that the petitioner/landlord is not entitled to a relief asked for in the petition under Section 10(3)(a)(iii) and 10(3)(c) of the Act had dismissed the petition. On appeal preferred by the landlord/petitioner , the learned Rent Control Appellate Authority in RCA No.145 of 2004 had confirmed the finding of Rent Controller under Section 10(3)(c) but allowed the appeal under Section 10(3)(a)(iii) thereby setting aside the findings of the learned Rent Controller in R.C.O.P.No.361 of 2003 directing the tenant to vacate and hand over the possession of the petition scheduled premises giving two months time which necessitated the tenant to prefer this revision petition.