P.DEENADAYALAN Vs. M.S.ALLAVUDEEN

JUDGEMENT

(1.) The civil revision petition is directed against the Judgment and Decree, dated 18.12.2009, passed in R.C.A.No.58 of 2006, on the file of the Principal Subordinate Court-cum-Rent Control Appellate Authority, Madurai, reversing the fair and decreetal orders, dated 04.07.2006, passed in R.C.O.P.No.29 of 2003, on the file of the Additional District Munsif Court-cum-Rent Controller, Madurai Town.

(2.) For the sake of convenience, the parties are referred to as per their rankings in the rent control original petition.

(3.) It is not in dispute that the petitioner is the landlord and the first respondent is the tenant under the petitioner in respect of the petition property and it is noted that the petitioner has laid the eviction petition against the first respondent as well as the second respondent on three grounds, namely, different user, act of waste and sub-lease. In respect of the grounds putforth by the petitioner for evicting the first respondent in particular from the petition property, on the ground of different user and act of waste, the same had been negatived by the Rent Controller. As against the same, it is noted that the petitioner has not preferred any challenge before the Rent Control Appellate Authority. However, the Rent Controller was pleased to order the eviction of the respondents from the petition property on the ground of sub-lease. Challenging the same, it is noted that the aggrieved first respondent had preferred the appeal before the Rent Control Appellate Authority and the Rent Control Appellate Authority was pleased to set aside the order of the eviction passed by the Rent Controller on the ground of sub- lease. Impugning the same, the present civil revision petition has been preferred.