ORDER

This petition had been filed by the judgment debtor in RCEP.No.6 of

2016 in HRCOP.No.65 of 2013, on the file of the Rent Controller I Puducherry.

2.The brief facts which are relevant to decide the CRP are as follows:-

The petitioner was a tenant in the premises bearing D.No.15, Saint Ange Street, Puducherry 605 001. The respondent herein filed HRCOP.No.65 of 2013 under Section 10(2)(i), 10(3)(i) and 14(1)(b) of Pondicherry Buildings (Lease and Rent Control) Act, 1969 seeking the relief of eviction of the respondent before the learned Rent Controller (Revision Petitioner herein) from the leased out premises for willful default for demolition of the building as it is dilapidated building and for personal use of the landlord and also directing the Respondent before the learned Lease Controller (revision petitioner herein) to pay the arrears of rent for a sum of Rs.84,000/- at the rate of Rs.3,500/- p.m., for 24 months commencing from October 2011 till the date of filing of the RCOP.

3.The learned Rent Controller had allowed the petition under petition in I.A.No.1544 of 2014 in HRCOP.No.65 of 2013, the petition under Section 11(3) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 direction to the Respondent/tenant to pay the arrears of rent totally a sum of Rs.1,15,000/-. In case of failure of the Respondent to pay the arrears of rent to further proceed with the main HRCOP.No.65 of 2013.

4.The petition filed by the landlord in I.A.No.1544 of 2014 in HRCOP.65 of 2013 was allowed and an ex-parte order was passed against the tenant, the respondent in I.A.No.1544 of 2014 and the respondent in HRCOP.No.65 of 2013 as per order dated 17.10.2014.

5.Aggrieved by the same, the respondent/tenant had filed petition in I.A.No.1544 of 2015 in HRCOP.No.65 of 2013 under Section 12 and 13 of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 to set aside the ex-parte order passed against the Respondent/tenant dated 16.09.2014. The said petition was dismissed. Aggrieved by the same, the tenant filed RCA.No.16 of 2018 which was dismissed by the learned Rent Control Appellate Authority/learned II Additional District Judge, Puducherry in RCA.No.16 of 2018 by an order dated 11.01.2019.

6.He also submit that the landlord had filed RCEP.No.6 of 2016 in HRCOP.No.65 of 2013 on the file of the learned Rent Controller-I at Puducherry. The tenant had filed E.A.No.86 of 2020 in E.P.No.6 of 2016 in HRCOP.No.65 of 2013 which was dismissed by the learned Rent Controller -I by an order dated 15.12.2020 and in RCEP.NO.6 of 2016 in HRCOP.No.65 of 2013 was ordered by an order dated 05.01.2021.

7.Aggrieved by the same, the Respondent/tenant in HRCOP.No.65 of

2013 the tenant in RCEP.No.6 of 2016 had filed this CRP seeking to set aside the order on the file of the learned Rent Controller - I, in RCEP.No.6 of 2016 in HRCOP.No.65 of 2013 on the file of the learned Rent Controller-

I, Puducherry by an order dated 05.01.2022.

8.The learned counsel for the petitioner submitted that a lease deed was executed by the legal heirs of one Mms.Horace Jeanne D'ARC, Mms.Coridon Jacqueline, Mms.Romain Marie Josephine Calavady, Mr.M.Blampain Marie Joseph Alphonse and Mms.Ganesh Marie Catherine Rany, the legal heirs of Mr.M.Blampain Michel Earnest as per lease deed dated 01.08.2011.

9.While so, one of the legal heirs alone Mr.M.Blampain Marie Joseph Alphonse through his power of attorney Jayapragasam had filed HRCOP.No.65 of 2013 stating that the Respondent/tenant in HRCOP.No.65 of 2013 had committed willful default in not paying the rent from October 2011 onwards at the rate of Rs.3,500/- per month. Till the date of filing of the RCOP there is an arrears of Rs.84,000/- for 24 months. Also seeking to evict the tenant from the leased out premises for the purpose of demolition and construction as the building is 80 years old. That the petitioners require the building for their own occupation after demolition and construction. The tenant as respondent in the RCOP had fil