K KARUPPIAH Vs. B KUBENDRAN

JUDGEMENT

(1.) 1.(Prayer: Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings( Lease and Rent Control) Act against the Judgment and decree dated 16.12.2005 made in RCA No.209 of 2002 on the file of the VIII Judge,(Rent Control Appellate Authority), Court of Small Causes, Chennai dismissing the same and confirming the order in RCOP No.1005 of 1999 on the file of XI Judge(Rent Controller), Court of Small Causes, Chennai dated 4.3.2002.) This revision has been directed against the Judgment in RCA No.209 of 2002 on the file of VIII Judge(Rent Control Appellate Authority) Court of Small Causes, Chennai which had arisen out of an order in R.C.O.P.No.1005 of 1999 on the file of XI Judge(Rent Controller) Court of Small Causes, Chennai. The unsuccessful tenant before the Courts below is the revision petitioner herein.

(2.) THE tenant had filed R.C.O.P.No.887 of 1999 under Section 8(5) of the Tamil Nadu Buildings( Lease and Rent Control) Act( Hereinafter referred to as "Act") before the XI Judge(Rent Controller) Court of Small Causes, Chennai. THE said O.P. Was dismissed by the learned Rent Controller against which there was no appeal or revision preferred.

(3.) BEFORE the learned Rent Controller, the petitioner has examined himself as P.W.1 and exhibited Exs P1 to P11. On the side of the respondent, the respondent was examined as R.W.1 and Ex R1 was marked. After scanning the evidence both oral and documentary, the learned Rent Controller had allowed R.C.O.P.No.1005 of 1999 thereby ordering eviction giving a month's time for the tenant to vacate and hand over the vacant possession of the petition schedule building and also dismissed R.C.O.P.No.887 of 1999 filed by the tenant under Section 8(5) of the Act. Aggrieved by the findings of the learned Rent Controller in R.C.O.P.No.1005 of 1999, the tenant had preferred RCA No.209 of 2000 before the learned Rent Control Appellate Authority(VII Judge), Court of Small Causes, Chennai. Finding no material to interfere with the findings of the Rent Controller, the learned Rent Control Appellate Authority has dismissed R.C.A.No.209 of 2002 which necessitated the tenant to approach this Court by way of this revision.