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(2007) 6 MLJ 222 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : M. Chockalingam, J.
Case Number(s) : C.R.P. (NPD) Nos. 306 of 2002 and 42 of 2004
Judgement Date :
Friday 10th of August 2007
| A. Jaganathan | .....Appellant(s) | | Versus | | | S. Kalyani | .....Respondent(s) |
Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), Section 10(2)(i) - Landlady's petition for eviction on the ground of willful default, ordered by the rent controller and confirmed in appeal - Revision by the tenant - Landlady had sold the property even prior to the order of the appellate authority - When the appeal was heard, the landlady did not have any subsisting interest - Cause of action available to the landlady will not ensure to the subsequent purchasers - Order of eviction, liable to set aside - Revision allowed.
Ratio(s) Decidendi
"In a case where the landlady sells the petition premises, pending the proceedings for eviction on the ground of willful default, the cause of action, originally available to the landlady, will not survive since, third parties have purchased the premises."
Cases Referred
S. V. Periasamy & Sons v. R. Senthil Kumar : (1997) 1 MLJ 420
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