IN THE COURT OF DISTRICT MUNSIF AT XXXXXX

RCOP No. of 2015

T.R. Vijayalakshmi ... Petitioner

Vs

Sujaram ... Respondent

PETITION FILED UNDER SECTION 14(1)(b) TAMIL NADU

BUILDING LEASE AND RENT CONTROL ACT1960

1. The Petitioner is T.R.Vijayalakshmi wife of Late. Sekar, aged about 56

years, residing at ZZZZZZZZZ , Chennai-600 033 within the jurisdiction of
Small Causes Court at Chennai.
The address for service of all notices and process on the petitioners is that
their counsel M/s. T. Baskaran and Sivakumar at XXXXXXXXXX Chennai-600
104.

2. The Respondent is Sujaram son of Chithra Ramji aged about years,

residing at Old No. ZZZZZZZZZZ, Chennai-600 053, within the jurisdiction
of this Hon’ble Court
The address for service of all notices and process for the Respondent is as stated
above.
3. The Petitioner submits that the petition property is situated at shop No.6,
Krishna Flour Mill, Ground floor, xxxxxxxxxxxxxxxx Chennai 53 and the
property is more fully described in the schedule hereunder., The respondent
is occupying the ground floor portion for Non residential purposes. The
respondent herein became a tenant of a shop in the said building under the
petitioner on a monthly rent of Rs.3000/- The tenancy is monthly according
to English calendar and is for commercial purpose.
4. The petitioner further submits that the Respondent has been carrying on a
flour mill in one shop room. The walls of the shop have developed cracks.
At the time of inception of tenancy the Respondent paid a sum of
Rs.60,000/- towards interest free refundable deposit.
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5. The petitioner further submits that apart from that the petition mentioned
premises more than 50 years old. The building is in dilapidated condition.
The petitioner wants to demolish the entire building and reconstructed a
fresh one. The sun shade also fell down already and the building requires
immediate demolition and reconstruction. The building may collapse at any
moment and in that event and the inmates in the ground floor and first floor
will be affected and their life will be endangered. The petitioners have
sufficient means to demolish the petition building and to reconstruct the
same.
6. The Petitioner further submits that no hardship will be caused to the
respondent if he is evicted from the premises. The petitioner’s family is
undergoing hardships every day. In fact the petitioners requested the
respondent to vacate and handover vacant possession of the petition
mentioned premises. The Respondent agreed for the same and promised to
vacate and hand over vacant possession on or before 30.12.2014. The
Respondent failed to fulfil the promise and chosen to file a suit in
O.S.No.2/2015 on the file of this Hon’ble Court. On 10.11.2015 the
petitioner issued notice calling upon the respondent to vacate and hand over
vacant possession. For that the respondent replied on denying to
comply with notice allegations. The petitioner require the petition building
for demolition and reconstruction so that the income from the property will
be higher and enable the petitioners to augment their income also. The
building is old and diablated. and building may collapse and at any moment
and may endanger the life of the persons in occupation.
7. The petitioner further submits that there are so many new building in and
around the petition premises. If the petitioners able to put up a new building
after demolition and reconstruction. The petitioner will get more rental
income out of the said premises.
8. The petitioner undertake and assure that the work of demolishing the
material portion of the building shall be substantially commenced by them
not later than one month and shall be completed before the expiry of three
months from the date they recover possession of the entire building or before
the expiry of such further periods as this Hon’ble Court may grant,
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9. The Petitioner further submits that the Respondent is in arrears of rent from
November 2014 to till date. The Respondent wantonly and willfully with
held the rent payable to the petitioner. The Respondent has committed
willful default hence the respondent is liable to be vacated on the ground of
willful default also.

10.The particulars required under the rules of Rent control are as follows;-
1. Land lords : T.R. Vijayalakshmi
W/o.Sekar
xxxxxxxxxxxx.

2. Tenant : Sujaram
W/o. Baskaran
xxxxxxxxxxxxx.

3. Description of building : xxxxxxxxxxxxx.

4. Nature of tenancy : Non Residential

5. Monthly Rent : Rs.3000/-
6. Grounds for eviction : i ) Demolition & re construction
ii ) Willful default
7. The petitioner further submits that the petition building is not
exempted under any of the provisions of the TN Building Lease &
Rent Control Act.
8. The petitioners pay a fixed Court fee of Rs.20/- U/s.14 (1)(b)

9. The petition premises is not exempted Under section 30 or any

other provision of the TNB Lease and Rent control Act.

10.Therefore the petitioners pray that this Hon’ble Court may be

pleased to pass an order of eviction against the Respondent on the
grounds of i) willful default, ii) under the provision of demolition
& Re construction,
i) directing the respondent to quit and deliver vacant possession
of the building described hereunder in the schedule to the
petitioner and put the petitioners possession of the same,
 ii) to pay the cost of the petition and
iii ) pass such further or other orders as this Hon’ble Court
may deem fit and proper.

Dated at Ambattur this the day of January 2016.

Counsel for Petitioner Petitioner.

Schedule of property
The Petition premises bearing the shop No.6, at xxxxxxxxxxx,
Chennai- 600 053, Ambattur Firka & Taluk.
North by :
South by :
East by :
West by :
Dated at Ambattur this the day of January 2016.

Petitioners

List of Documents filed by the Petitioner

S.No. Dates Parties Description

1. 1.6.2011 Petitioner and Respondent Rental Agreement
2. 17.5.2013 Respondent to Petitioner Legal Notice
3. 29.5.2013 Petitioner to Respondent Copy of Reply Notice

Memo of calculation
Court fee paid demolition reconstruction
Under section 14(1)(b) Rs. 20.00
Under section Rs.
Total Rs.20.00

Counsel for petitioner Petitioner.