M PEER MOHAMMED Vs. K S RAJAMANI BAI

JUDGEMENT

(1.) THE tenant is the petitioner. THE respondents herein along with their mother deceased K. Kuppa Bai, figuring as petitioners filed an application under section 10 (3) (a) (in) of the Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960) as amended by Act XXIII of 1973 (hereinafter referred to as the Act), for an order of eviction against the petitioner. THE premises bearing door No. 26/2, Pycrofts Road, Triplicane, Madras-5, belongs to the respondents, having been purchased by the respondents herein and their mother on 11th February, 1974 from one Indira and the petitioner is a tenant under the respondents in respect of the eastern shop in the ground floor on a monthly rent of Rs. 60. Claiming that the respondents purchased the premises bearing door No. 26/2, Pycrofts Road, Triplicane, Madras-5, for their use and occupation for their tailoring business which is carried on by them under the name and style of "Koneri Mani " Tailors and Suppliers of University convocation Academic Dresses" at the neighbouring rented premises, the respondents stated that they bona fide required the shop in the occupation of the petitioner for their business, as they are not in occupation of any premises of their own in the City of Madras. Since the petitioner did not vacate the premises in question in spite of a notice to that effect by the respondents, the application for eviction was filed by the respondents and their mother under section 10 (3) (a) (iii) of the Act. During the pendency of the petition for eviction, the mother of the respondents died and the respondents herein were also recorded as the legal representatives of the deceased Kuppa Bai.

(2.) THE petitioner resisted that application contending that the respondents are not carrying on any business and that the requirement on the ground of their own use and occupation for the purpose of their business is not bona fide. THE petitioner also stated that the respondents were attempting to get enhanced rent for the premises and since the petitioner refused to pay the same, the application for eviction had been filed. A further objection was also raised by the petitioner to the effect that the respondents had sold away the business, and, therefore, the requirement of the respondents for the purpose of their business cannot be true. On these grounds, the petitioner prayed for the dismissal of the application for eviction filed by the respondents.

(3.) THE learned counsel for the petitioner contended that it has not been established that the respondents are carrying on a tailoring business. Elaborating this, the learned counsel for the petitioner stated that no documents have been placed by the respondents to establish the carrying on of such business by the respondents, and, therefore, the respon-dents arc not entitled to secure an order for eviction against the petitioner on the ground that they are carrying on business. In addition, it is also pointed out that having regard to the nature of the business, namely, the supply of convocation gowns and hoods, for a day or two in the course of a year, the activity cannot really be called carrying on of a business as such which would entitle the respondents to secure an order for eviction. On the other hand, the learned counsel for the respondents would submit that the evidence of P. W. 1 which had been accepted by the authorities below is to the effect that the respondents are carrying on tailoring business and also the business is supplying convocation gowns and hoods in No. 1, Ayya Pillai Street, Triplicane, Madras-5, in a rented premises and that would be sufficient to establish the carrying on of the business by the respondents who are themselves qualified tailors. It is also further pointed out that the business is not confined only to the supply of convocation dresses, but extends to general tailoring as well, in a tenanted premises at No. 1, Ayya Pillai Street, Madras-5, where 8 persons are also employed and, therefore, the respondents are carrying on a business in tailoring and the supply of convocation garments and that would suffice to enable them to secure their own premises for such business.