AMAIYAPPA TRANSPORT Vs. N S RAJULU
SUPREME COURT OF INDIA
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(1.)Two applications, seeking eviction of the tenant for the purpose of demolition and reconstruction, as contemplated by clause - (b) of sub-section (1) of section 14 of the tamil Nadu Building (Lease and Rent Control) Act, 1960 (hereinafter 'the Act' for short) were disposed of by a common order by the controller, directing the tenants to be evicted. The tenants preferred appeals before the appellate authority which were allowed and the order of the controller was set aside. The landlord preferred revision petitions before the High Court which have been allowed and in supersession of the order of the appellate authority, the High court has restored the order of eviction passed by the rent controller.
(2.)Feeling aggrieved by the judgment of the high Court, the tenants have filed these two appeals by special leave.
(3.)The suit premises are a part of a larger property situated in the city of Madurai. It appears that the property of the landlord admeasures around 2688 sq. ft. , out of which the two appellants before us are occupying approximately 380 sq. ft. area each as tenant. There was a third tenant, namely, raja Ram, also in possession of a similar area who was also ordered to be evicted by an order of the controller passed on the same day but he has surrendered possession to the landlord in compliance with the order passed by the controller and has not pursued the matter further. The case of the landlord is that the building in occupation of the appellants is a very old one, almost eighty years on the date of initiation of the proceedings and the landlord bona fide required the premises for the immediate purpose of demolition and instead constructing a marriage hall in an area of about 1710 sq. ft. so as to put the property to a better use and augment the earnings of the landlord. The case of the landlord, as already stated, has been accepted by the controller as also by the High Court.
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