S. VENNILA Vs. S. HEMAMALINI

JUDGEMENT

(1.) The above Civil Revision Petition emanates from an Eviction Petition filed by the respondent/landlady on three grounds namely wilful default, owner's occupation and demolition and reconstruction. The tenant is the revision petitioner in the above Civil Revision Petition.

(2.) In the Petition filed seeking eviction, it is the case of the landlord that the revision petitioner has been inducted as a tenant under her father on monthly rental of Rs.1000.00 in the year 1986 and that an advance of Rs.3,000.00 was paid at the time of entering into the possession of the property. Subsequently, the landlady submitted that the rent was enhanced to a sum of Rs.5,000.00 and the tenant was highly irregular in the payment of the monthly rents as he was taking advantage of the fact that the landlady's father was a permanent resident of Vellore. In fact, from the month of November 2012, the tenant had stopped paying the rents. Thereafter when she became owner of the property, there was a total arrear of Rs.77,000.00 after adjusting the advance amount. On 10/12/2013, the landlady issued a notice calling upon the tenant to vacate the premises as she wanted to demolish the building to put up a new construction on account of the fact that the tenanted premises was in a dilapidated condition. This fact was brought to the notice of the tenant. Thereafter she issued a legal notice dtd. 13/2/2014 demanding arrear of rent and called upon the tenant to vacate the premises. Though the tenant had received the notice, instead of paying the arrears, he had sent a reply contending false averments. Therefore left with no other alternative, the landlady had filed the Application for eviction on the ground of wilful default.

(3.) As regards the grounds of owner's occupation and demolition, the petitioner had only made the following contentions in the Petition namely: