Requirement of premises by landlord on the ground of demolition seems to be concocted.

ORDER: The landlord, who was successful in getting an order of eviction before the Rent Controller, in R.C.O.P.No.202 of 1993, was unable to sustain the same, when it was challenged by the tenant before the appellate authority and the result is this revision petition by the landlord.

2. Neither the fact that the property described in R.C.O.P.No.202 of 1993, bearing door No.169, situated at East Masi Street, Madurai belongs to the revision petitioner nor that the same is in occupation of the respondent/tenant is disputed. The owner of the building thought it fit to demolish the above said building since the same was more than 50 years old, for the purpose of constructing a new building. When the landlord approached the respondent/tenant, he refused to vacate the premises, and therefore, the landlord has moved the Rent Controller, invoking the provisions of Sec.14(i)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter called ‘the Act’), for the eviction of the tenant on the ground of demolition and reconstruction, pleading bona fide also, which was challenged by the respondent herein on various grounds.

3. The Rent Controller, after recording the evidence, while evaluating the materials, has satisfied himself that the claim of the landlord is bona fide and in fact, the landlord requires the building for the immediate purpose of demolition for the purpose of constructing a new building, thus, allowing the R.C.O.P. ordered the eviction of the respondent/tenant, on 8.11.1995, which was challenged by the tenant before the Appellate Authority in R.C.A.No.153 of 1995.

4. Before the Appellate Authority, in order to show the mala fide or lack of bona fide in the claim of the landlord, the tenant has filed a petition, to receive additional evidence, in I.A.No.45 of 1997 in R.C.A.No.153 of 1995. As recorded by the Appellate Authority, it appears, despite opportunities given to the landlord, to question the averments in the said I.A. or challenge the documents produced along with that I.A., he has not availed the said opportunities by filing any counter. Taking into consideration the fact that the landlord has not filed any counter and also the documents produced, wherein the landlord was a party, the Appellate Authority has allowed those documents to be marked and accordingly, they were exhibited as Exs.R-4 and R-5 in the appeal.

5. The learned Appellate Authority, while scanning Exs.R-4 and R-5, came to the conclusion that the landlord, having filed a petition for eviction of another tenant in the same building, bearing door No.169. has not pressed that petition, thereby making out a case that it is not possible to demolish and reconstruct the building by evicting this respondent/tenant, the further fact being, both the portions are in the same building bearing door No.169. The documents also disclosed that the landlord had obtained necessary permission to construct a new building at door No.169. Unless the tenant in another portion is evicted, it is not possible to demolish the entire building, was the conclusion of the Appellate Authority. The landlord, having filed a petition for the eviction of the other tenant in the same building, admittedly, has not pressed the said application, thereby allowing that tenant to continue in the premises. This fact brought to surface, to the satisfaction of the Appellate Authority, that there is no bona fide on the part of the landlord and the present petition aimed only to evict this respondent/tenant, thus finding mala fide, or in other words lack of bona fide, the Appellate Authority had doubted about the demolition and reconstruction, resulting in upsetting the finding of the Rent Controller, by allowing the appeal, as per the judgment dated 24.11.1998, which is under challenge in this revision petition.

6. In this revision petition, the landlord has also filed C.M.P.No.5242 of 2001, seeking permission of the Court to file the copy of the agreement dated 23.9.1996 as addition

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