BALAJI KRISHNA HARDWARE STORES Vs. SRINIVASAIAH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred by the tenant against the Judgment of the Madras High Court dated 30-8-1997 in C. R. P. No. 1857 of 1992 confirming the order of eviction passed by the Rent Controller in R. C. O. P. No. 2564 of 1986 dated 25-1-1990 as affirmed by the appellate authority in RCA No. 229 of 1990.

(3.) The eviction petition was filed by the respondent-landlord under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 on the ground that the non-residential premises is required for the landlord's occupation namely, for the partnership business of both of his sons Sekhar and Madangopal who were doing business in a rented premises under the name and style of Sri Renuka Enterprises. During the pendency of the proceedings, Sekhar retired from the partnership. The business was continued by Madangopal. The appellant before us is the tenant who is sought to be evicted. He pleaded, inter alia that the requirement of the landlord was not bona fide and that in any event, several other tenanted portions occupied by other tenants for business purposes fell vacant during the pendency of the proceedings and the landlord was not acting bona fide in not using the same for the business of his son Madangopal.