SUBRAMANI POTHI Vs. Y JOSEPH

JUDGEMENT

(1.) 1. The tenants in applications under Section 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act; Act 18 of 1960 as amended by Act 23 of 1973 hereinafter referred to as the Act) are the revision petitioners.

(2.) THE respondent landlord filed R. C. O. P. No. 6 of 1993 against the revision petitioner in Civil Revision Petition No. 2096 of 1996 and r. C. O. P. No. 2 of 1994 against the revision petitioners in Civil Revision petition No. 2097 of 1996 before the District Munsif (Rent Controller) at padmanabapuram. Though the premises in their occupation bear different Door nos. namely, 17 of 1968 and 17 of 1969, it is not disputed that, both the premises have the same roof and are part of the same building in the same survey No. B7/97-2 belonging to the respondent within Padmanabapuram Municipal limits. THE eviction of the revision petitioners was sought on the ground of demolition and reconstruction.

(3.) THE affidavit in support of the application for appointment of Advocate Commissioner inter-alia stated that the tenant, after receiving the notice of the case from the Court, was making hasty repair works in the suit building by erecting Vemba ceiling, etc. with an intention to cover the damaged roofs including ant eaten wooden beams, rafters and reapers and making other repairs and also painting only to make it appear that the building was in good condition. An ex parte Advocate Commissioner was appoin ted and he also filed his report on 04. 4. 1994. After calling for objections from the tenants, the application for appointment of Commissioner was closed. We will refer to the details of the Commissioner's report in the course of the order.