BAGAVATHI AMMAL Vs. SUTHARTHINI

JUDGEMENT

(1.) The tenant is the revision petitioner of which the landlord is the respondent. The landlord initiated eviction proceedings as against the tenant for eviction in RCOP. No. 23 of 2000 on the ground of different user, denial of title, own use, additional accommodation and on the ground of demolition and reconstruction. Eviction was ordered. Aggrieved over the same, the tenant filed RCA. No. 6 of 2010 on the file of Principal Sub Court, Nagercoil. The rent control appellate authority by the order dtd. 19/8/2011, confirmed the order passed by the Rent Controller, Nagercoil. Aggrieved over the concurrent order of eviction, the tenant has filed the civil revision petition.

(2.) The subject matter of litigation is a house property. It originally belonged to Chithambarathanu. According to the landlord, Chithambarathanu executed a gift deed in favour of his son Subbiah on 10/7/1985 under Ex.P2-registered gift deed. Subsequently, Subbiah executed Ex.P3-sale deed in favour of the father of the respondent (landlord) on 25/1/1990. Thereafter, mutation records also stood in the name of the respondent's father.

(3.) The schedule mentioned property was leased out by the original owner Chithambarathanu in favour of one Kolappapillai who is the father of the tenant herein on a monthly rent of Rs.15.00 which was enhanced to Rs.45.00. After the death of Kolappapillai, the petitioner as his legal heir along with her husband were residing in the property. It is the case of the landlord that the tenants wilfully failed to pay the rent from January 1990 and therefore, he wanted eviction of the tenant on other grounds as well. The landlord terminated the tenancy by sending a notice on 21/2/2000 and while sending the reply, the tenant denied the title of the landlord.