Times Educations & Charitable Trust vs P.A.M.Jahira

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 3375

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN, J
Times Educations & Charitable Trust – Appellant
Versus
P.A.M.Jahira – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr.H.Arumugam
For the Respondent: Mr.N.A.Nissal Ahamed, Senior Counsel for Mr.I.Abdul Basith

ORDER :

G.Ilangovan, J.

This revision petition has been filed to set aside the fair and decreetal order passed in R.C.A.No.10 of 2017 order dated 01.06.2023, on the file of the Rent Control Appellate Authority (Principal Sub Court), Tirunelveli confirming the fair and decreetal order passed in R.C.O.P.No. 2 of 2014 order, dated 02.05.2017 on the file of the I Additional District Rent Controller (I Additional District Munsif Court), Tirunelveli.

2.The facts in brief:

R.C.O.P.No.2 of 2014 was filed by the respondent herein under the provisions of 10(2)(i), 10(2)(ii)(b), 10(2)(iii) and 10(3)(a)(iii) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 , against the petitioner herein for eviction on the ground that the revision petitioner defaulted in payment of rent in willful manner, caused damages to the demised building and for own use and occupation and different users, than the purpose for which it was leased out. The Rent Controller decided the first issue wilful default in favour of the landlord. In respect of the different user, causing damages and for own use and occupation, the grounds were rejected. So delivery was ordered on the ground of wilful default, by the order dat