SOUNDARAJAN ALIAS SAMPATH Vs. VENKATARAMAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the tenant as revision petitioner against the judgment and decree dated 20.2.2001 and made in R.C.A.No.496 of 1994 on the file of the learned VIII Judge, Court of Small Causes, Madras confirming the order and decretal order dated 31.1.1992 and made in R.C.O.P.No.2281 of 1986 on the file of the learned XIV Judge, court of small causes, Madras.

(2.) THE facts that are necessary for disposal of this Civil Revision Petition are as follows:- THE petitioner Smt.Lakshmi Ammal is the landlady of the premises described in the Rent Control Original Petition and the respondent is the tenant of the said premises on a monthly rent of Rs.325. THE premises was let out by the landlady to the revision petitioner who is the respondent before the Rent Control Court, only for the residential purpose. THE revision petitioner and another are running travel service in the premises under their occupation and there was protest by the landlady. THEy said that they are parking the vehicles only in the public road and not in the premises under their occupation. THE electrical tariff was converted from domestic tariff rate to commercial tariff because of the user of the premises under the occupation of the revision petitioner for non residential purpose. THErefore, the landlady has come forward with this petition against the revision petitioner for eviction on the ground of using the premises for a different purpose than for which the premises was let out.

(3.) P.W.2 is admittedly the grand-son of the landlady. He has also spoken to about the lease of the front room by the landlady to the revision petitioner in the year 1972 and about the carrying on business in film projection by the revision petitioner from the year 1972. It is an admitted case that P.W.2 was born only in the year 1967 and he was aged about 5 years at the time of letting out the premises by the landlady to the revision petitioner. Therefore, he may not be a proper person to speak about the terms of the oral tenancy agreement between the landlady and the revision petitioner.