P.P. JAYARAJ Vs. THUNDIYIL VINODINI

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the judgment and decree dtd. 22/10/2013 passed by the learned Second Additional District Judge, Puduchery in RCA.No.36 of 2011 confirming the order dtd. 14/9/2011 passed by the learned Rent Controller, Sub Judge at Mahe in HRCOP.No.5 of 2010.

(2.) The petitioner is the landlord and the respondent is the tenant in HRCOP.No.5 of 2010 filed before the learned Rent Controller (Sub Judge) at Mahe. HRCOP No.5 of 2010 was filed by the petitioner under Sec. 10 (2) (i) and 10 (3) (a) (i) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 seeking eviction of the respondent from the petition schedule premises on the ground of wilful default in the payment of the monthly rent by the respondent and also on the ground of owners occupation.

(3.) It is the case of the petitioner that the residential building mentioned in the petition schedule originally belonged to Oravangara Prabhakaran Nair by virtue of a jenmam deed dtd. 25/5/1997 registered as document No.280/1997, Sub Registrar's Office, Mahe. According to the petitioner, after the death of Prabhakaran Nair, his jenmam right on the property devolved on his wife Geetha Prabhakaran Nair, children Babitha Prabhakaran Nair and Babu Prabhakaran Nair.