N THILLAIARKARASI Vs. JOICY PRISCILLAL SELVAM

JUDGEMENT

(1.) The tenant who is the 2nd respondent in the Rent Control Petition is the revision petitioner before this Court. The Civil Revision Petition arises out of the eviction petition filed by the landlord on the ground of additional accommodation. The parties are arrayed in their same status as in the Rent Control Petition. The facts in brief which are necessary for disposing of the above Civil Revision Petition are as follows:

(2.) The Petitioner had filed a petition under Sec. 10 (3) ( c ) of the Tamil Nadu Buildings (Lease And Rent Control) Act, for eviction of the tenant on the ground of additional accommodation against the respondents 1 and 2. The petitioner had contended that she was the owner of the ground and 1st floor of the premises measuring an extent of 2,160 Sq.ft. marked as G1 and F2 bearing Door No.8/2, R.V.Nagar Main Road, Anna Nagar East, Chennai-600 102. It was her case that 1st respondent was inducted as a tenant by her father in Nov. 2006 and she was not directly in the know-how of the transaction between her father and the 1st respondent and the details that has been extracted by her in the Rent Control Petition has been culled out from the suit O.S.No.5944 of 2009 filed by the 1st respondent in the month of July 2009 for a permanent injunction restraining the Petitioner's father from interfering with the peaceful possession and enjoyment of the property except by due process of law.

(3.) In the said suit the 1st respondent had contended that he had paid a sum of Rs.30,000.00 as an advance to the Petitioner's father and that the monthly rent was a sum of Rs.5,000.00. The suit was not contested by the petitioner's father and was ultimately decreed in favour of the 1st respondent.