(1.) The petitioners in this civil revision petition are the sons of the brother of one deceased V. V. Joseph. Admittedly, V. V. Joseph was occupying premises bearing municipal door No. 9/5 -20 in Nagarcoil Municipality belonging to the respondents. After the death of V.V. Joseph, a petition for eviction was filed by the respondents under S.10(3)(a)(i) of the Madras Buildings (Lease and Rent Control) Act, read with S.27(2) of the Mid Act for evicting the petitioners who by then appear to have inducted themselves into the premises. The respondents described the petitioners as legal representatives of V.V. Joseph, and sought for eviction under S.10(3)(a)(i)of the Act. The finding of fact of both the Rent Controller and the Appellate Authority is that V. V. Joseph died on 8th July 1972, as a bachelor and the petitioners are not the legal heirs of the said V. V. Joseph as a member of his family upto the date of his death. It appears that V. V. Joseph was not only residing but also carrying on an incidental business of his own therein. On such a petition filed by the respondents for evicting the petitioners from the suit premises, both the Rent Controller and the Appellate Authority accepted the petition and directed eviction. It is as against this the present revision petition has been filed. The District Munsif found that the tenants were not entitled to the protection under the Act and also expressed the view that "they cannot say that they can continue the leasehold right of deceased V. V. Joseph in the petition schedule building". On appeal, the Appellate authority agreed with the findings of the Rent Controller but he also curiously confirmed the order of the Rent Controller who directed the eviction of the petitioners as tenants.
(2.) The main question that arises for consideration in this revision petition is whether S.27(2) of the Act has to be independently read without reference to the definition of 'tenant' in S.2(8) or they should be read in conjunction with another.
(3.) It is not in dispute that the present petition for eviction was filed by the respondents under S.10(3)(a)(i) of the Act. The material portion of S.10(3)(a)(i) of the Act reads -