There is no cause of action for the tenant to invoke provisions of sections 15(2) and 16 of the Act.

The question as to "whether the petition under Sections 15(2) and 16 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as "the Act") by the tenant, praying for direction to the landlord for re-delivery of possession of the petition premises, in view of breach of undertaking given by the landlord through agreement dated 19-1-1996, who took possession from the tenant that he would hand over the possession of the same after demolition or re-construction, is maintainable before the Rent Controller or not" is sought to be answered in this revision.

2. R.Gokul, the tenant, the respondent herein, filed a petition before the Rent Controller under Sections 15(2) and 16 of the Act for re-delivery of possession of the rented premises.

3. The case of the respondent/tenant is as follows:-

"(a) The petition premises was used for non-residential purpose, where the tenant was carrying on banking business. The petitioner/landlord represented the tenant that he proposed to repair and re-construct the building and requested the tenant to vacate the premises assuring that he would deliver the possession after re-construction. Accordingly, on 19-1-1996, an agreement was entered into between the parties, by which, the tenant has to vacate the premises and the landlord has to re-construct and re-deliver the possession on or before 30-4-1997.

(b) As per the said agreement, the tenant handed over possession of the premises to the landlord. But the landlord, despite lapse of one year, did not commence the re-construction work and gave evasive replies to the tenant. Therefore, the tenant is entitled to recover the possession from the landlord and the landlord is bound to deliver possession of the property in view of breach of undertaking as per the agreement."

4. The case of the petitioner/landlord is as follows:-

"Though the agreement was entered into between the parties in January 1996, the petition premises was handed over in June 1996, and since there was a delay for the other tenants to vacate the premises, the re-construction work was not commenced in time. Moreover, Sections 15 and 16 of the Act would not be applicable to the present case, since the delivery of possession by the tenant to the landlord was not under Sections 14 and 15 of the Act. Therefore, the tenant has to approach the civil Court for appropriate remedy for breach of undertaking in the agreement. Therefore, the petition filed by the tenant under Sections 15 and 16 is liable to be dismissed."

5. Before the Rent Controller, the tenant examined himself as P.W.1 and marked Exs.P-1 to P-3. The landlord examined himself as R.W.1 and one Akilan was examined R.W.2 and Exs.R-1 to R-6 were marked on the side of the landlord. Besides the above documents, Exs.C-1 and C-2, the Commissioner's report and sketch were marked.

6. On conclusion of enquiry, the Rent Controller allowed the petition and directed the landlord to repair and re-construct the building premises and hand over possession of the premises to the tenant within six months. Aggrieved by the same, the landlord filed an appeal before the appellate authority, which in turn confirmed the order of the Rent Controller. Hence, this revision.

7. The point for determination which would arise for consideration, as indicated above, is as to whether the petition under Sections 15 and 16 of the Act, is maintainable for delivery of possession by the landlord to the tenant as agreed by the landlord in the agreement entered into between the parties on 19-1-1996.

8. Learned counsel for both sides would make their respective pleas and cite several authorities.

9. Learned counsel for the petitioner/landlord would cite the following authorities:-

(a) AIR 1987 SC 2117 (PRABHAKARAN NAIR VS. STATE OF TAMIL NADU) and

(b) AIR 1971 SC 2213 (LACHOO MAL VS. RADHYE SHYAM).

10. Learned counsel for the respondent/tenant would cite the following authorities:-

(a) AIR 1971 SC 2213 (supra);

(b) AIR 1992 SC 1780 = 1992 (1)