C. ANBARASU Vs. N SATHURDEEN

JUDGEMENT

(1.) The landlord, whose petition for eviction under Section 10 (3)(a)(iii) of the Tamilnadu Buildings (Lease and Rent Control) Act in R.C.O.P.No. 653 of 2012 was dismissed upon confirmation of the said order of dismissal in R.C.A.No. 619 of 2015 has come up with this revision.

(2.) The landlord is the owner of the premises bearing Door No.305, Koonur High Road, Aynavaram, Chennai -23 wherein, he is running a 24 hours hospital. Being a qualified medical practitioner, landlord started the said hospital in the year 1980 and it caters to the people around Aynavaram area and it is a 24 hours clinic. The respondents were inducted as tenants in the year 1997 for an area of 200 Sq.ft., in the ground floor of the premises and they are running a pharmacy in the name of Aysha Pharmacy in the said portion. It is also claimed that the respondents / tenants were consistently giving trouble to the landlord by initiating various vexatious legal proceedings. Claiming that he requires the portion of the premises occupied by the tenant for establishing a casualty ward, the petitioner sought for eviction. It is also averred in the said petition that he wanted to expand the hospital by putting up a casualty ward. It is stated that because of the absence of separate casualty ward, reception of the hospital is being used as a make shift casualty ward. On the above contentions, the landlord sought for eviction.

(3.) The eviction petition was resisted by the tenants contending that the tenants had initiated vexatious legal proceedings is false. The tenants had filed a suit for injunction restraining the landlord from interfering with their possession of the property except under due process of law as there was an attempt to illegally dispossess them by the landlord. The original petition in R.C.O.P.No.1137 of 2009 was also filed only because the landlord refused to receive rent and demanded eviction. While admitting the fact that the petitioner is running a clinic and he is having a consulting room measuring 15 feet by 10 feet, it is also claimed that there is another Doctor, who is a visiting Doctor and he has got a visiting hall measuring 10 feet by 10 feet. There are also two rooms measuring about 75 sq.ft., each. There is no in-patient facility in the petitioner's clinic. It is the claimed that there is a 2000 sq.ft., vacant hall in the first floor of the building. During June 2011, the petitioner / landlord has let out the first floor premises to one Jayam Land Promoters and Sri Bhavani Fancy Stores and Tailoring. It is the further case of the tenants that there is 1000 Sq.ft., of vacant land in which the landlord can put up a construction. On the above pleadings, the tenants termed the eviction petition as malafide and sought for dismissal of the same.