NATIONAL ELEMENTARY SCHOOL Vs. R M SUNDARAM

JUDGEMENT

(1.) The tenant, who was successful in resisting the eviction petition before the Rent Controller, unable to sustain the same when the same was challenged before the Rent Control Appellate Authority, is the revision petitioner.

(2.) The respondent, as landlord has filed the petition for eviction of the tenant on the grounds that the tenant had committed willful default in payment of rent; that he had used the building for the purpose other than that for which it was leased out; that the tenant had committed not only nuisance but also committed acts of waste and that the petition mentioned premises is required for the purpose of immediate demolition and reconstruction, which is bona fide.

(3.) As per the averments in the petition, the wilful default, said to have been committed by the tenant, is from August 1990 till the date of filing of the petition as well as the non-deposit of the amount, in time as ordered in R.C.O.P.No.5/1991, which is a petition filed by the tenant seeking permission to deposit the rent. The different user, is that the building was let out for the purpose of running a school, whereas the tenant is using the same for the purposes like marriages and other activities not connected with education. The acts of waste, alleged is, that the tenant had pull down the thatched shed, and altered the same by putting up asbestos roofing without the consent of the landlord. The ground of demolition and reconstruction is sought, on the basis that the building is more than 80 years, which needs demolition and reconstruction.