D K SETHU MADHAVAN Vs. M THATHUVAMOORTHY

JUDGEMENT

(1.) The civil revision petitioner herein is the tenant/respondent in R.C.O.P.No.1002 of 1996, on the file of the Small Causes Court No.XVI, at Chennai and the appellant in R.C.A.No.905 of 1997, on the file of the Small Causes Court No.VIII, Chennai. The revision petitioner has filed this revision in C.R.P.No.271 of 2003 to set aside the decree and Judgment in R.C.A.No.905 of 1997, on the file of the Small Causes Court No.VIII at Chennai, dated 29.11.2002 and confirm the decree and Judgment of the learned VI Judge, Court of Small Causes at Chennai in R.C.O.P.No.1002 of 1996, dated 04.09.1997.

(2.) The short facts of the case are as follows: The respondent/petitioner/landlord has filed the eviction petition against the revision petitioner/tenant directing him to vacate and handover the vacant possession of the petition property to the petitioner, on the ground of owner's occupation to enable his daughter to carry on business related to telephone booth together with STD/ISD and PCO facilities. The landlord's daughter is a B.A.Graduate and unemployed. The landlord has applied to the Department of Telecommunication, Madras Telephone North West area through application No.4121, dated 09.02.1996 under registration No.7/KGI-II-STD-PT-19.02.1996 for setting up of the business at the petition premises, namely, Shop No.3 in the Ground floor of the premises No.136, Purasawalkam High Road, Kellys, Madras-600 010.

(3.) The landlord further submitted that the revision petitioner is the tenant occupying the petition premises on a monthly rent of Rs.750/- excluding the electricity charges. The total extent of petition premises is 10 Feet X 12 Feet and situated on the main road. The tenant had also agreed to vacate and hand over the possession before March, 1996. On the contrary, he has filed O.S.No.4568 of 1996 for injunction as if the landlord is interfering with his possession and enjoyment of the petition premises. Hence, the landlord has filed the eviction petition under Section 10(3)(a)(iii) of the Tamil Nadu Building Lease and Rent Control Act.