RAJEDNRA KUMAR JAIN Vs. S JAIKRISHNAN

JUDGEMENT

(1.) These two Revision Petitions are directed against the order dated 17.2.2009 in R.C.A. Nos. 942 and 735 of 2011 on the file of the Rent Control Appellate Authority whereby and whereunder, while setting aside the dismissal of the eviction petition on the ground of different user, the Appellate Authority passed an order of eviction on the ground of different user and confirmed the finding with respect to sub-lease.

(2.) While the matters stood thus, the respondent (hereinafter referred to as 'the landlord'), by invoking Section 10(2)(ii)(a) and 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act. 1960, (for short, 'the Rent Control Act'), initiated eviction proceedings in R.C.O.P. No. 1937 of 2003 on the ground of sub lease and different user.

(3.) The landlord contended that the Tenant has parted with the physical possession of premises and it was given to the second petitioner and as such, he has no interest whatsoever in the business carried on in the name of Arihant General Stores. The landlord further contended that the Tenant permitted the third petitioner to conduct pani puri business in the tenanted portion and thereby, parted with physical possession. It was also contended that the business in pani puri would amount to different user and as such, tenant is liable to be evicted on the ground of different user. Accordingly, the landlord prayed for an order of eviction on the ground of sub-letting and different user.