K. JAYAKUMAR Vs. P.K. BABU

JUDGEMENT

(1.) The relief sought for in the revision petition is to set aside the judgment and decree dated 04.10.2017 made by the Rent Control Appellate Authority cum IXth Small Causes Judge, Chennai in RCA.No.62 of 2017 and reversing the order dated 24.10.2016 passed by Rent Controller cum XIIIth Small Causes Judge, Chennai in RCOP.No.1665 of 2015.

(2.) The petitioner herein is the tenant and the respondent herein is the landlord.

(3.) The respondent/landlord submits that he let out the shop to the petitioner. The petitioner is running Nattu Marundhu kadai in the petition premises. The respondent given notice to the petitioner to remove the encroached business in front of the shop and the petitioner agreed that he will not violate the corporation rules. The respondent states that due to the violation in the footpath, he is facing the prosecution and issued legal notice on 17.08.2015 to vacate the premises. The petitioner neither sent reply to the legal notice nor vacated the premises. Hence, the respondent/landlord filed RCOP to direct the respondent to deliver vacant shop portion of the petition premises. The learned Rent Controller after hearing both sides, dismissed the petition filed by the landlord. Aggrieved against the said order dated 24.10.2016 made in RCOP.No.1665 of 2015 passed by the XIII Judge, Court of Small Causes, Chennai, the landlord preferred an appeal before the learned IX Judge, Court of Small Causes, Chennai/Rent Control Appellate Authority in RCA.No.62 of 2017. The appellate authority after hearing arguments of both counsel set aside the order of the rent controller dated 24.10.2016 made in RCOP.No.1665 of 2015. As against the reversal order, the petitioner/tenant is before this Court.