P.S.KAILASAM
K. Shanmugha Appah – Appellant
Versus
S. S. Abdul Hameed – Respondent
KAILASAM, J.
The tenant is the petitioner herein. The landlord applied for eviction on the ground that the premises was inquired for the purpose of demolition and reconstruction. The Trial Court held that the petitioner before the Rent Controller is not competent to maintain the petition as he is one of the joint co-owners and dismissed, it. On appeal, the appellate court held that the petition is maintainable and ordered a remand to the Rent Controller for disposal, on merits. This petition is filed by the tenant against the said order of remand.
2. The father of the respondent herein had settled the house property on the respondent herein and his three brothers, by means of a settlement deed dated 14-7-1966. The respondent was named as the manager. The father also directed the tenant to pay the rent to the eldest of the four sons, namely, the respondent hereto, who was in management of the property. In the petition it was also alleged that the building is old and in a dilapidated condition and portions of the roofing are in such, a bad state that they are likely to fall down any time
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