LAWS(MAD)-1999-4-150

SARASWATHY Vs. NATIONAL RAYON CORPORATION LTD

Decided On April 19, 1999
SARASWATHY REPRESENTED BY HER POWER AGENT C.MOHAN KUMAR Appellant
V/S
NATIONAL RAYON CORPORATION LTD., REPRESENTED BY ITS BRANCH MANAGER, SALEM Respondents

JUDGEMENT

(1.) SARASWATHI, the landlady represented by her power agent Mohan Kumar having lost in both the authorities below, has approached this Court by filing this civil revision petition challenging the impugned orders.

(2.) THE landlady, the petitioner herein filed a petition under Sec.14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act in R.C.O.P.No.7 of 1989. According to her, the building in question which is used for the godown of the tenant/respondent is in a damaged condition and if the existing building is demolished and reconstructed, the petitioner would put the property for better use. She has also obtained the building licence and taken steps to have the plan approved. THE petitioner bona fide requires the petition building for the purpose of demolition and reconstruction, since the building is old. THE petitioner and her family possessed sufficient means to construct the new building.

(3.) MR.R.Sekar representing M/s.Sarvabhauman Associates, while assailing the orders impugned, would state that the Appellate Authority having held after considering the Commissioner's report that the condition of the building is such that requires demolition, it ought not to have come to the conclusion that the requirement of the landlady was not bona fide.