- (1.) This revision is directed against the order passed by the learned VIII Judge (Rent Control Appellate Authority) Court of Small Causes Chennai in RCA. No. 556 of 2009. The petitioners in the revision are the landlords. They filed eviction petition against the respondents in RCOP. No. 1478 of 2008 under Section 14(i)(b) of Tamil Nadu Buildings Lease and Rent Control Act, contending that they require the petition premises as the building is very old building aged about more than 60 years, that the building is in very dilapidated and bad condition; that the petition premises is not yielding proper income; at the same time the property is located in a very busy and precise locality, where multistory buildings and complexes have come up in the neighbourhood. The landlords have further stated that they have planned to demolish and reconstruct and in fact they have also given undertaking to substantially commence the work of demolishing the material portion of the building, and within three months the entire building.
(2.) The application was resisted by the respondents stating that the requirement is not bonafide and the building is in good condition. It is further stated that the earlier they filed application for fixation of fair rent and subsequently, the tenant has also filed a petition under Section 8(5) of the Lease and Rent Control Act and after the landlords having agreed to receive the rent, the petition was closed.
(3.) The parties have adduced oral and documentary evidence. The learned rent controller having found that the requirement was bonafide, ordered eviction. Challenging the order the tenant filed an appeal in RCA. No. 556 of 2009. The learned Appellate Authority reversed the finding of the Rent Controller and dismissed the eviction petition. Aggrieved by the order, the present revision has been filed.;