P GANESAN Vs. A MARIMUTHU

JUDGEMENT

(1.) 1. The above civil revision petition is directed against the fair and final orders dated 23.1.1996 made in R.C.A.No.118 of 1992 by the Rent Control Appellate Authority and the court of Principal Subordinate Judge, Madurai, thereby confirming the fair and decretal order dated 22.9.1992 made in R.C.O.P.No.4 of 1989 by the Rent Controller and the District Munsif, Thirumangalam.

(2.) TO trace the history of the case, it is the landlord, who has filed the original petition before the Rent Controller for the eviction of the tenant/revision petitioner herein, under Sec.14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for demolition and reconstruction of the rental premises, pleading thereby that the monthly rent of the premises according to the English calendar month is Rs.35 that the landlord having already filed a petition in R.C.O.P.No.22 of 1981 for eviction of the tenant, the said petition had been withdrawn on 30.11.1981, since the tenant came forward with the assurance to vacate the premises and handover possession with the landlord; that the building is 60 years old having constructed with bricks, mud and plastered with cement and the same is in a dilapidated condition; that having agreed to vacate, the tenant had initiated proceedings in R.C.O.P.No.2 of 1989 and deposited the rent as though the petitioner had refused to receive the same; that the landlord has made all arrangements to reconstruct the building, demolishing the present structure and would ultimately pray for eviction of the tenant for the said purpose.

(3.) WHEN the above matter was taken up for hearing, only the learned counsel for the petitioner was present and in spite of many calling, neither the respondent, nor his counsel on his behalf appeared to argue the case, nor even any representation offered on their behalf for being absent. In such circumstances, this Court is left with no option, but to carry on with the hearing of the case and upon hearing the learned counsel appearing for the petitioner and on perusal of the materials available, the matter is being disposed of as under.