S MUTHIAH Vs. PARVATHY

JUDGEMENT

(1.) THE above civil revision petition is directed against the judgment and decree dated 13.6.1996 made in R.C.A.No.76 of 1993 by the Rent Control Appellate Authority and VII Judge, Small Causes Court, Madras, thereby confirming the order dated 3.10.1991 made in R.C.O.P.No. 189 of 1987 by the Rent Controller and XVI Judge, Small Causes Court, Madras.

(2.) THE petition filed before the Rent Controller is one made under Sec.10(2)(i) and (v) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as the ?Act?) thereby alleging that the respondent is a tenant under the first petitioner, viz., Mariammal to whom the property belongs and the rent being collected by the second of them, who is also made a party therein, of a room for residential purpose located at 24, Elaya Mudali Street, Madras-21, on a monthly rent of Rs.40 payable on the first of every succeeding English calendar month.

(3.) ULTIMATELY, the respondent/tenant would also allege that this court in the above facts and circumstances brought forth, has no jurisdiction to try the above petition, since there is no landlord-tenant relationship ever existed in between the first petitioner and the respondent. With these averments, the respondent would pray for dismissing the petition with costs.