K.B.K. Vasuki, J. - (1.) THE Respondents 2 & 3 in RCOP No. 2 of 2003 and the Appellants in RCA No. 4 of 2005 are the Petitioners herein. The present Civil Revision is filed against the Order of Eviction passed by the learned Rent Controller as confirmed by the learned Rent Control Appellate Authority on the ground of owners occupation and sub -letting. For the sake of convenience, the parties are referred to herein as per their rank in RCOP.
(2.) THE Petitioners/Landlords filed the Eviction Petition against the Respondents 1 to 3 on the ground that the First Respondent is the Tenant under the Original Owner by name Radhakrishnan and after the purchase of the property by the Petitioner and after the death of the Original Owner, the property devolved on his wife Vijayalakshmi and the Petitioner agreed to purchase the property from Vijayalakshmi and even much before the purchase, the said Vijayalakshmi along with the Petitioner approached the First Respondent on 1.5.2000 and requested to vacate the premises and he agreed to do so within three months however he did not do so. When Vijayalakshmi contacted the First Respondent on 5.8.2000, the First Respondent not only failed to do so, but also refused to do so, at the instance of the Third Respondent and the First Respondent un -authorisedly sub let the property to the Respondents 2 & 3. According to the Petitioner, the First Respondent was the original Tenant, whereas the Respondents 2 & 3 are un -authorised Sub -Tenants in the Petition mentioned property. The First Respondent remained ex parte and did not choose to contest the RCOP and the RCOP was contested by the so called Sub -Tenants/Respondents 2 & 3. According to the Respondents 2 & 3 they entered into Lease Agreement with the Original Owner -Radhakrishnan on 13.3.1987 and have been since then in the occupation of the property for business purpose.
(3.) THE learned Rent Controller accepted the Petitioners' theory that the First Respondent is the original Tenant and the Respondents 2 & 3 are the Sub -Tenants and passed the Order of Eviction on the ground of Owner's occupation and also sub -letting. Aggrieved against the same, the Respondents 2 & 3 filed RCA No. 4 of 2005 which was dismissed by the Appellate Authority, thereby confirming the Order of Eviction. Hence, this Revision by the Respondent 2 & 3 before this Court.;