IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.09.2017
C O R A M
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(NPD) No.3178 of 2017
and C.M.P.No.14861 of 2017 T.Martin ... Petitioner Vs.
C.M.Harirajan ... Respondent PRAYER: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to set aside the fair and decreetal order dated 14.07.2017 passed by the learned Rent Control Appellate Authority-cum-Subordinate Judge, Pollachi, in R.C.A.No.2 of 2016 confirming the fair and final order dated 29.02.2016 passed by the learned Rent Controller-cum-District Munsif, Pollachi in R.C.O.P.No.2 of 2015.
For Petitioner : M/s.L.Mouli For Respondent : Mr.R.Nandhakumar O R D E R This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 14.07.2017 passed by the Rent Control Appellate Authority-cum-Subordinate Judge, Pollachi, in R.C.A.No.2 of 2016 confirming the fair and final order dated 29.02.2016 passed by the Rent Controller-cum-District Munsif, Pollachi in R.C.O.P.No.2 of 2015.
2. The unsuccessful tenant is the petitioner in the Civil Revision Petition. The eviction petition in R.C.O.P.No.2 of 2015 was filed on the grounds of willful default and demolition and reconstruction.
3. The Rent Controller ordered eviction on both the grounds.
An appeal in R.C.A.No.2 of 2016 filed by the tenant before the Rent Control Appellate Authority has reversed the findings on the ground of willful default and demolition and reconstruction.
4. Materials on record shows that the respondent/landlord has shown all the requirements of bona fide, means and readiness to complete the construction within three months.
5. Therefore, the order passed by the Rent Control Appellate Authority suffers no discrepancy and this Court find no ground to interfere with the findings of the Courts below.
6. In these circumstances, the Civil Revision Petition is devoid of merits and is liable to be dismissed. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
07.09.2017
asi To
1. The Rent Control Appellate Authority-cum-Subordinate Judge, Pollachi.
2. The Rent Controller-cum-District Munsif, Pollachi.
M. GOVINDARAJ, J.
asi C.R.P.(NPD) No.3178 of 2017 and C.M.P.No.14861 of 2017 07.09.2017