P GOPINATHAN Vs. SMT RAMA SRINIVASA RAO

JUDGEMENT

(1.) TENANT in R.C.O.P. No. 1617 of 1998. on the file of XII Judge, Court of Small Causes, (Rent Controller) Madras, is the revision petitioner. The Revision is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act.

(2.) PETITIONER herein moved an application before the Rent Controller under Section 17 (2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, alleging that the landlord has withheld certain amenities and prayed for restoration of the same. It was his case that he became a tenant of the respondent as per lease deed dated 3.9.1993 and the same was being renewed from time to time on expiry of the term. It is further said that the respondent had all on a sudden cut off electricity and water supply with effect from 4.6.1998. The electricity charges are to be paid only once in two months, and on getting the bill from landlord, he used to pay the same. The landlord did not issue the bill, and in fact, the electricity bill is payable only by July 1998. According to tenant, petitioner herein, the action of the landlord is only to forcibly evict the tenant from the demised premises. PETITIONER wants restoration of the amenities immediately.

(3.) THE only question that requires consideration is, whether the findings of the Authorities below that the building is less than five years old is correct or not.