Sec. 8 of the Tamil Nadu Buildings (Lease and Rent Control) Act is an enabling provision and not a mandatory requirement.

1. The revision petitioner in each of the petitions is the landlord in R.C.O.P.Nos.1 and 2 of 1988 respectively on the file of the Rent Controller, Manapparai. The respondents in both the revisions are the respective respondents in those proceedings, In R.C.O.P.No.2 of 1988 there was only one tenant and on account of his death, his legal representatives have come to be brought on record. Eviction was sought for in both the cases on two grounds, viz., wilful default in payment of rent and on the ground of demolition and reconstruction. The learned Rent Controller ordered eviction on both the grounds. On appeal by the respective tenants. the Appellate Authority reversed the finding of the Rent Controller in both the cases. Hence, these two revisions.

2. I heard Mr.S.Parthasarathy, learned counsel appearing for the petitioner in each case and Mr.D.Rajendran, learned counsel appearing for the respondents in each case. The pleading in the first rent control case, on the material aspects is as follows:

The tenancy is for non-residential purpose on a monthly rent of Rs.40.00. The tenancy is oral and receipts are being issued for collection of the rent by the petitioner and at his instance by Srinivasan. The tenant has been paying the rent regularly and defaulted in the payment of rent from 1.5.1986 and is in arrears to the tune of Rs.840.00 upto the month of January, 1988. The default is wilful. The building is in a damaged and dangerous condition and the petitioner intends to completely demolish the building including the portion in the occupation of the other tenants. Counter is that one Srinivasan was alone collecting the rent and once the present petitioner issued the notice, they started sending the rent by money order to the petitioner. But he refused to receive the same resulting in the tenant depositing each months rent in a bank. The tenant had withdrawn that money from the bank and had deposited the same into court in this application. The building is not in a damaged and dangerous condition. The building was renewed by the respondents only 12 years ago. The petitioners claim is not bona fide. In R.C.O.P.No.2 of 1988, the pleading on the material aspects by the landlord as well as by the tenant is more or less on the same lines. However, the period of default is stated to be from 1.6.1986 in this case.

3. The evidence of the landlord, examined as P.W.1 in the first case, on material aspects is as follows:

“The tenant was paying the rent. I cannot say correctly from when he is due. I gave notice Ex.A-1. The tenant received the same. Thereafter month after month, the tenant has been sending the rent by money order. I refused all those. I need the house and therefore I did not receive the” rent for 1 ½ years, the rent is due. I intend to demolish and put up a construction where I am going to reside. The building is 100 years old. The condition of the building is bad. I have, the means. In cross-examination, he would state as follows:

“At the inception, the tenancy was between the tenant and Srinivasan, my son in law. I have been collecting rent only through Srinivasan. I am an Ayurvedic doctor. I have no money deposits, My monthly income is Rs.1,000. I want to borrow and then put up a new construction. I intend borrowing from my friends and son in law for that project. The building is old. I have not applied for any plan for the proposed construction. I have not obtained any permission to demolish. The tenant used to send the rent by money order and I refused to receive the same. Every time, he sent the rent by money order. I have refused it. The tenant had deposited that money in the bank and immediately after the case was filed, he deposited the money in court.”

The evidence of the landlord in R.C.O.P.No.2 of 1988 is more or less on the same lines.

4. The tenant in the first case gave evidence as follows:

“Srinivasan was collecting the rent regularly. I took the building on rent from Srinivasan and he was collecting the r