BEFORE THE RENT CONTROL AUTHORITY AT CHENNAI

R.C.O.P. No. 213 of 1986

Harvey Specter
S/o Gordon Specter
No. 194, Fiacons Crest,
G.D. Ambedkar Marg,
Parel, Chennai – 600004 …….Petitioner

-Versus-

Michell Ross
W/o James Ross,
No.45, Thirumalai Pillai Road,
T.Nagar, Chennai- 600017. ……Respondent

PETITION FILED UNDER SECTION 10 (iii) OF THE TAMIL NADU

BUILDINGS (LEASE & RENT CONTROL ) ACT, 1960

The Petitioner above names begs to state as follows:-

1. The Petitioner is Mr. Harvey Specter, Hindu, aged 45 years, residing at No.

194, Fiacons Crest, G.D. Ambedkar Marg, Parel, Chennai – 600004.

The address for service on the Petitioner for all notices is that of her

counsel Ms Yazhlini Tholgappian, having office at No. 24/2, Appu second Street,

Mylapore, Chennai – 600 004.

2. The Respondent is Mr. Michell Ross, wife of James Ross, aged about 35

years, residing at No.45, Thirumalai Pillai Road, T.Nagar, Chennai- 600017.

The address for service of all notices and processes on the Respondents is

same as stated above.

3. The Petitioner humbly submits that he is the absolute owner of the

schedule property with the following address No.45, Thirumalai Pillai Road,

T.Nagar, Chennai- 600017

4. The Petitioner submits that the Respondents, who is the widow of the

tenant, on 28.03.1989 removed the asbestos sheet roof of the schedule premises

and also attempted to pull down the internal walls on the South Eastern side of

the building running from North to South.

5. The Petitioner states that the respondents further pulled down the

chimney which was on the South Eastern side of the schedule premises.

6. The Petitioner submits that the respondents have also raised a wall

running East to West which is perpendicular to the wall running from North to

South which was demolished, without the consent of the Petitioner.

7. The Petitioner states that the respondents have installed a chimney on

the North East of the building shifting the same from South-East.

8. The Petitioner submits that his father filed an eviction petition against the

respondents in HRC No. 3142/1981. This petition was allowed by the trial court.

But later in the revision before this Court, the dispute was compromised.

9. The Petitioner humbly states that pursuant to this settlement, an area

measuring 12’x15’ on the Northern side of the building was agreed by the

respondents to be surrendered to the Petitioner and the lease was agreed to be

continued in respect to the remaining portion.

10. The Petitioner humbly states that the Respondent having surrender 12’ x

15’ and started to commit act of waste by causing damages to the existing

building by completely demolishing the walls and removing the chimney and

replacing at a different place without the consent of the Petitioner and hereby

causing damages to the super structure.

11. The Petitioner humbly submits that the building is more than 5 years old

and the same is not exempted under any of the provisions of the Rent Control

Act. The Petitioner states that he has not filed any other petition on the same

cause of action before this Hon'ble Court and none is pending as on date.

12. The Petitioner humbly submits that a court fee of Rs.15/- is paid for the

ground of Act of Waste and damages under the Tamil Nadu Buildings (Lease &

Rent) Control Act 1960 as amended.

The Petitioner therefore humbly prays that this Hon'ble Court may be

pleased to pass an order of eviction directing the Respondent to vacate and

deliver the vacant possession and thus render justice.

Dated at Chennai on this the 10th day of March 1986.

Counsel for Petitioner Petitioner

 Schedule of Property

Shop portion in the ground floor of Premises bearing No.45, Thirumalai

Pillai Road, T.Nagar, Chennai- 600017 within the Corporation Division

No.123

Dated at Chennai on this the 10th day of March 1986.

Counsel for Petitioner Petitioner

VERIFICATION

I, Harvey Specter, the Petitioner above named do hereby state and declare

that the facts stated and declare that the facts stated in Para 1 to 11 are true to

the best of my knowledge information and belief and I believe the same to be

true.

Dated at Chennai on this the 10th day of March 1986.

Petitioner