O R D E R

This Civil Revision Petition is directed as against the fair and decretal order passed in RCA No.1088 of 2006 dated 06.09.2013 on the file of VIII Small Causes Court, Chennai, confirming the the fair and decretal order passed in RCOP No.2437 of 2005 dated 17.08.2006 on the file of XII Small Causes Court, Chennai, thereby, dismissing the petition filed by the petitioner for eviction on the ground of wilful default.

2. The petition premises is situated at Door Nos.15 and 16, Rangaiah Garden Lan, Mylapore, Chennai – 600 004, ad-measuring 1200 sq.ft. It was rented out to the respondent/tenant for running a Tinkering shop in the petition premises for the monthly rent of Rs.1,500/-. According to the petitioner/landlord, the respondent/tenant failed to pay the rent from the month of April 2005. Therefore, in the month of December 2005, the landlord filed a petition for eviction on the ground of willful default.

3. The case of the respondent/tenant is that the petition premises is a vacant land and there is no building or even in a hut. In fact, the respondent and his co-tenants are carrying on business in the said property and requires vacant land. Therefore, the Tamil Nadu Buildings (Lease and Rent Control) Act is not at all applicable to the petition premises. He also took a stand that there was advance amount of Rs.5,000/- and the present rent is only at Rs.1000/-. Therefore, there is no willful default on the part of the respondent/tenant herein. The petitioner/landlord and his two brothers are there and there was a property dispute between them. In fact, the one of the brother is also claiming rent by way of legal notice and the same was marked as Ex.R5 and as such, the respondent/tenant did not pay any rent to the petitioner/landlord. In fact, respondent/tenant also sent Money Order and the same returned. The learned Rent Controller dismissed the RCOP on the ground that the petition premises is a vacant land and even according to the landlord's father had put up a sheet covering the property and there is no construction in it. Further, there are admittedly two other tenants including the respondent herein and no petition has been filed as against the other two tenants. Moreover, there are three brothers totally including with the petitioner herein and therefore, the RCOP was dismissed on the ground of non-joinder of necessary parties. Therefore, there is no point in verifying as to whether the respondent/tenant committed wilful default in payment of rent or not and it is also confirmed by the learned Rent Control Appellate Authority.

4. The learned counsel for the petitioner/landlord submitted that admittedly, there are three brothers including the petitioner herein. The petition premises, ad-measuring 1200 sq.ft comprised in Door Nos.15 and 16 Rangaiah Garden Lan, Mylapore, Chennai – 600 004, is allotted in favour of the petitioner/landlord herein. Initially there was sheet put up by his father in the property which was rented out to the respondent/tenant herein. Pending the RCOP, the respondent/tenant shifted his shop to the common path way in the petition premises and put up G.I sheets and running the business. He further submitted that including the respondent/tenant there are two other brothers running the Painting, Tinkering and Door Mechanism pertaining to the Motor Vehicles. All are brothers and they are jointly running the business and utilizing the same and took a stand that the petitioner/landlord failed to file any petition as against the other two tenants. In fact one of the brother of the petitioner filed, a suit as against the respondent/tenant for mandatory injunction to remove the structure put up by the respondent in O.S.No.6266 of 2013 on the file of the XII Assistant City Civil Court, Chennai, in which, an Advocate Commissioner was appointed to note down the physical features of the petition premises.

5. By report dated 06.10.2016, the learned Advocate Commissioner categorically opined that the common