The petitioner herein is the owner of the property comprising land and building situated in Plot Nos.23, 24, Gangaiyamman Koil Street, Puliyur, Chennai – 600 024. The Revision Petitioner had leased out the said premises to the first respondent herein for carrying on his business of retail sales of fire wood shop on a monthly rent of Rs.100/-. As the petitioner wanted to pull down the existing structure and put up a new construction, he had requested the petitioner to vacate and hand over possession. However, the first respondent was not willing for the same constraining the revision petitioner to file R.C.O.P.No.2796 of 1980 on the file of the Rent Controller (IX Small Causes Judge), Chennai. The first respondent put forward a defence that he was the tenant only in respect of the land and that the superstructure was put up by him. He therefore contended that the petition under the Tamil Nadu Buildings (Lease and Rent Control) Act was not applicable and that he is entitled to the benefits of the City Tenant Protection Act. The Rent Controller after an elaborate enquiry allowed the petition and ordered eviction.
