P.RAMACHANDRAN Vs. TAYUB HAJI ISMAIL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order passed in I.A.No.311 of 2018 in R.C.O.P.No.18 of 2017 on the file of the Principal Rent Controller (Principal District Munsif), Madurai Town.

(2.) The brief facts of the case are as follows:

(3.) The learned counsel for the petitioner/tenant has filed a statement of objection stating that the petition mentioned property is not in a dangerous or dilapidated condition. He further submits that the respondent is not having adequate and necessary funds for such new construction as he is unable to mobilize such funds from other sources. It is not true that the respondent/landlord has taken necessary steps to obtain a building plan approval from Madurai City Municipal Corporation. He further submits that the respondent intends to resell the property to third parties for higher price. The said sale deeds did not disclose the fact that the building is in dilapidated condition and also the tenants are in occupation. When the respondent purchased the said property, the entire portions were occupied by the tenants. If the petitioner/tenant would be vacated from the property, he has to windup his business and hence, a heavy damage would be caused to petitioner/tenant. Hence, the petitioner contends that the petition in R.C.O.P.No.18 of 2017 is not maintainable either in law or on facts.