No evidence or proof as to ownership of petition found on the record.

1. The above civil revision petition is directed against the judgment and decree dated 25.4.2000 made in RCA No.4 of 1998 by the Rent Control Appellate Authority and the Court of Subordinate Judge, Sivaganga thereby confirming the fair and decretal order dated 24.4.1998 made in RCOP No.5 of 1997 by the Rent Controller and the Court of Principal District Munsif, Sivaganga.

2. An application has been filed by the petitioner/landlady before the Rent Controller seeking eviction of the respondent/tenant from the premises bearing door No.25 in Ward No.16, Nehru Bazaar of Sivaganga town under Sections 10(2)(i) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as 'The Act'). The averments of the petition are that the petition property was originally belonging to and in enjoyment of one Abdul Azeez and the appellant became the lessee under him on a monthly rent of Rs.300; that while so, on 9.11.1995, the respondent/landlord purchased the petition property from the said Abdul Azeez for proper consideration under a registered sale deed dated 9.11.1995; that her husband is running a grocery shop opposite to the petition property, in door No.263 for the last nine years occupying the same on a monthly rent of Rs.450; that it was revealed that the property was required for her own use and occupation, further demanding a monthly rent of Rs.450; that the respondent/tenant in spite of having agreed to the proposal, did not pay the rent as promised. Further more, since the building is required for her own purpose of her husband running a grocery shop, the rent control application has been filed before the rent controller.

3. In the counter filed on behalf of the respondent/tenant, besides generally requiring the petitioner/landlady, to prove her allegations in the petition, he would deny that there was any landlady-tenant relationship between them; that he filed a suit in O.S.No.56 of 1996 against the original owner Abdul Azeez and the present landlady's husband, viz., Jaffar and against herself in the Court of District Munsif, Sivaganga, and the same was decided ex parte; that they did not prefer any appeal before the appellate forum; that the tenancy was not attorned, and hence, she has no locus standi to file the application; that he became the tenant in the year 1970 with the original owner Md.Maideen for a monthly rent of Rs.60 and after gradual enhancement, he was ultimately paying Rs.300 per month as rent; that in September, 1995, after the death of Md. Maideen, his son Azeez demanded a rent of Rs.500 per month which was not agreed by the tenant, as a result of which, the said Azeez refused to receive the rent for the month of October, November and December, 1995 and in spite of the same having been sent by Money Order, the said Azeez, refusing to receive the same, made attempts to evict him by third degree methods and only at that stage, he filed the suit in O.S.No.56 of 1996, but no one appeared especially, the said Azeez nor did he reveal that he had sold the property in favour of the present petitioner.

4. The further averments of the counter is that since he came to know that the petitioner's husband had purchased the property, he impleaded him as a party, but he left it ex parte and later coming to know that the petitioner had only purchased the same, impleaded her as the third defendant, but no one appeared nor revealed the fact of the sale having taken place, as a result of which, on 10.1.1977, the above case was decided ex parte. On the part of the defendants therein, no one took any genuine step to set aside the judgment and decree passed by the said Court. Hence, till date, there is absolutely no landlady tenant relationship in between the petitioner and this respondent; that he is depositing the monthly rent in the Court from October, 1995, and, therefore, there is no wilful default in the payment of rent. So far as the other ground for owner's occupation is concern