AKBAR ALI Vs. DONIAN RODRIGO

JUDGEMENT

(1.) THESE two civil revision petitions are filed by the landlords. The landlords filed two petitions, one in RCOP No.47 of 1982 and another in RCOP. No. 48 of 1982 against the tenants for eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The property which is the subject matter of the petition for eviction in RCOP No.47 of 1982 is comprised in Door No.69, Pattamangalam Street, Mayuram Town, measuring 7000 sq. ft. The petition in RCOP. No.48 of 1982 related to 240 sq. ft. comprised in Door No.69-B, Pattamangalam Street,Mayuram Town. In other words, the two properties are part of the same building.

(2.) THE petitioners in RCOP No.47 of 1982 putforward the case for eviction on these following allegations:- THE property belongs to the petitioners who are brothers. It had been rented out to the respondent on monthly rental of Rs.525.THE building is more than 100 years old. THE rear portion has fallen down. THE petitioners require the said building for demolish and to put up a new construction. THEy have got the sufficient funds to put up new construction. THEy undertake to demolish the buildings, within a time to be fixed by this Court. A notice was issued on 17. 6.1982 requiring the tenant to vacate the building and hand over the possession. THE said notice was returned as refused. Hence the petition.

(3.) IN support of the application in RCOP No.48 of 1982, before the Rent Controller, the power agent of the petitioners was examined as P.W.1 and the respondent was examined as RW1.Exs.P.1 to P.10 and Exs.R1 to R3 were marked. The Rent Controller, after the enquiry, ordered eviction whereupon the tenant has preferred an appeal before the appellate authority in RCA.No.5 of 1990 and the appellate authority allowed the appeal and set aside the order of eviction. Hence, the landlords have preferred the revision in C.R.P.No.2217 of 1991.