AZIMA BIVI Vs. LOUIS SINNAYA AROKIASAMY

JUDGEMENT

(1.) Aggrieved over the finding of the Rent Control Appellate Authority in allowing the petition filed by the respondent for eviction of the tenant on the ground of demolition and reconstruction and also denial of title by the petitioner not a bonafide, the present revision came to be filed.

(2.) The parties are arrayed as per their ranking before the trial Court.

(3.) Brief facts leading to filing of this revision is as follows : The petition premises originally belong to the ancestors of the petitioner. The petition premises was orally let out to the respondent for residential purpose on a monthly rent of Rs.25.00. The rent was not enhanced all these years as a gratitude shown towards the service of the respondent's husband as a car driver for the family members of the petitioner. The demised premises was in common occupation with the petitioner's brother and sister. After the death of the said sister of the petitioner, the legal heirs were in enjoyment as co-owners of their respective shares. The petitioner's brother and sister was entitled for 5/12 and 2/12 share respectively in the said demised house property. The said house property came to the exclusive possession of the petitioner by virtue of registered release deeds executed by his brother and sister. The respondent made an attempt to create encumbrance over the petition premises. The respondent is also not residing in the premises and residing with her daughters and making only casual visit to the premises. The petition premises is old and without any maintenance and is in dilapidated condition and it may collapse at any time. Hence, the petition to demolish and construct residential apartment in the site. The petitioner had informed the same to the respondent. Thereafter the petitioner has issued a legal notice dtd. 20/2/2002. However, reply was given by the respondent denying the title of the landlord. Hence, the petition for eviction.