NEEDHIMANI Vs. MOHAMMED MIYAM

JUDGEMENT

(1.) This civil revision petition is directed against the order passed by the Rent Control Appellate Authority cum Principal Subordinate Judge, Tiruchirappalli, in R.C.A.No.13 of 2005, confirming the order of eviction on the ground of wilful default, passed by the Rent Control cum Principal District Munsif, Tiruchirappalli, in R.C.O.P.No.16 of 1999.

(2.) The brief facts that are necessary for the disposal of the civil revision petition are as follows:

(3.) The learned counsel for the revision petitioner submitted that the landlord has not established the relationship of landlord and tenant between the respondent and revision petitioner and that the revision petitioner is in possession and enjoyment of the land for several years and thereby prescribed title by adverse possession. Relying upon the property tax that was paid by the tenant for few years, the learned counsel for the revision petitioner submitted that the documents relied upon by the tenant to prove his possession in his capacity as owner have not been considered. The learned counsel further submitted that the Rent Controller as well as the Appellate Authority ought to have directed the landlord to approach the civil court to establish his title. It is submitted that the tenant in this case has proved his title by adverse possession and that the denial of title is bonafide.