1998 (9) TMI 677

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..... appeals, is the owner of a three-storied building in the city of Nagerkoil. In its first and second floors she runs a lodging house; and the rooms in the ground floor are occupied by different persons, including the appellants herein, as tenants. In the year 1982, she filed separate petitions before the Rent Controller for eviction of the three appellants and two others, invoking Sections 10(3)(c .....

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..... authority failed to appreciate that the grounds for eviction under Sections 10(3)(c) and 14(1)(b) of the Act were distinct and mutually exclusive. Accepting the above contention this Court set aside the eviction order and remitted the matter to the appellate authority for reconsideration on the available evidence. In the meantime, the other tenants including the appellants, had also filed revision .....

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..... he respondent in her turn, filed two similar petitions against the dismissal of her other two appeals. Co-optex, however, did not file any appeal and vacated the premises in its occupation. By a common judgment the High Court allowed the revision petitions of the respondent and dismissed those of the appellants Rasul Ahmed and G. Sastha. The above judgment is under challenge in these appeals. In d .....

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..... pellants and the respondent we are of the view that the factual aspects of the case need not be gone into as these appeals must be allowed for the simple reason that in disposing of the revision petitions the High Court did not at all take into consideration the following proviso, which finds place under clause (e) of Section 10(3) and reads as under :- Provided that, in the case of an app .....

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..... ls already on record and the above subsequent events we set aside the impugned judgment so far as it relates to the three appellants and remand the matter to it for fresh disposal of the three connected revision petitions in accordance with law and in the light of the observations made hereinbefore. Since the matter is long pending the High Court is requested to dispose of the above petitions as e .....

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