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2015 DIGILAW 3248 (MAD)

V. Jansi v. C. Parameshawaran

2015-10-06

P.DEVADASS

body2015
ORDER As only a short point is involved, we shall dispose of this CRP today at the admission stage itself. 2. The revision petitioner is the landlady. She let it out to the respondent. The tenancy is for non-residential purpose. The revision petitioner wanted to evict the respondent on the ground of demolition and reconstruction under Section 14(1)(b) of the Tamil Nadu Buildings Lease and Rent Control Act. So, she filed R.C.O.P.No.1 of 2014 before the learned Rent Controller (District Munsif), Sattur. 3. The matter has become part heard. The landlady filed I.A.No.281 of 2015 to appoint an Advocate / Commissioner to inspect the petition mentioned premises along with a qualified Engineer and submit his report as to the age of the building and the present physical structure of the building. 4. The learned Rent Controller dismissed the I.A. on the ground that already in C.R.P.(MD)No.1274 of 2015 this Court has fixed a time limit to dispose of the R.C.O.P. Further, age of the building cannot be decided by the report of an Advocate / Commissioner, it should be established by relevant evidence. 5. The said order is being challenged here by the landlady by way of revision. 6. According to the learned counsel for the revision petitioner, the landlady is bound to prove the condition of the building, it is such that it requires demolition. Of course, age of the building can be proved by documentary evidence. But, condition of the building cannot be proved by oral evidence. Further, he would submit that there are averments that the building has many cracks. The building is in a dilapidated condition. This can be proved only by a report of the Advocate / Commissioner along with the assistance of a qualified Engineer. 7. I have anxiously considered the submission of the learned counsel for the revision petitioner, perused the materials on record and the impugned order. 8. Now the landlady wants to evict the tenant on the ground that the building is such that it requires demolition and thereafter, she wants to reconstruct. Unless she establishes this, this ground cannot be established. 9. The age of the building cannot be decided on the basis of a report of an Advocate / Commissioner. In this respect the view of the learned Rent Controller is correct. But, the learned Rent Controller over looked one aspect. Unless she establishes this, this ground cannot be established. 9. The age of the building cannot be decided on the basis of a report of an Advocate / Commissioner. In this respect the view of the learned Rent Controller is correct. But, the learned Rent Controller over looked one aspect. In the affidavit filed in support of I.A.No.281 of 2015 there are averments to the effect that building has many cracks and even in the prayer column, it is mentioned that the appointment is sought for to note down the physical features. In other words, it is to the present condition of the building. 10. The time limit has been fixed by higher Court to speed up the process of trial. But it is not at the cost of justice and opportunity to let in relevant evidence. Cause of justice cannot be compromised for the sake of time limit fixed by this Court. The time limit fixed by this Court does not mean that the Trial Court can bid farewell to the requirement of law. The Trial Court shall comply with the time limit fixed by this Court and also at the same time comply with the requirement of law. 11. In this view of the matter, the impugned order of the learned Rent Controller is un-sustainable in law and it is vulnerable. 12. In the circumstances, the learned Rent Controller (District Munsif), Sattur is directed to appoint an Advocate / Commissioner, who will visit the petition mentioned premises and note down the physical features of the building along with a qualified Engineer and will file his report to the Court. The remuneration for the Advocate / Commissioner and the Engineer shall be paid by the revision petitioner. No costs.