Challenge is made to a judgment of the Principal Subordinate Judge, Erode, made in RCA No.5 of 2001 affirming an order of eviction made by the Rent Controller of the said place in RCOP No.26 of 1998 a petition for eviction on the ground of willful default and personal use and occupation filed by the respondents herein.

2. The Court heard the learned Senior Counsel on either side.

3. The respondents 1 to 3 herein filed the said RCOP alleging that they are the absolute owners of the property described in the Schedule to the petition; that the revision petitioner was put in possession by one Dhanapal, the power agent of Radhakrishnan, the husband of the first respondent and father of the respondents 2 and 3; that the revision petitioner-tenant filed O.S.No.87/89 before the Sub Court, Erode, against the said Radhakrishnan and the respondents 1 to 3 herein alleging that they attempted to evict him forcibly, and hence, permanent injunction should be granted restraining them from interfering with his possession except by due process of law; that from that time onwards, he called himself as a tenant; but, he has not paid rental for more than a decade, and thus, he has committed