MOORTHY Vs. MANAGALAMMAL

JUDGEMENT

(1.) CIVIL Revision Petition has been preferred by the Petitioner challenging the judgment and Decree passed in R.C.A No.7 of 2009 on the file of Rent Control Appellant Authority, Principal Sub-Judge, Mayiladuthurai confirming the order of eviction passed by the Rent Controller/Principal District Munsif, Mayiladuthurai in R.C.O.P. No.24 of 2007 on 10.9.2009.

(2.) IT is seen that the Rent Control Original Petition in R.C.O.P. No.24 of 2007 was filed by the Respondents herein against the Revision Petitioner/Tenant under Sections 10(2)(i) & 10(3)(c) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Act.

(3.) THE Second Respondent has stated that he is a practicing Doctor and also running a laboratory in a portion of the building hence, he is in need of the premises for his additional accommodation. In support of his contention, learned Counsel for the Petitioner drew the attention of this Court to the decision of this Court in Vairam and Others v. M.S.R. Nageswaran, 2005 (5) CTC 549, wherein it is held that to attract Section 10(3)(c), Landlord and Tenant should be in occupation of the same structure or building. Learned Counsel for the Petitioner further submitted that the provision does not include a member of the family of the Landlord. In Hindustan Petroleum Corporation Limited v. B. Saravanan and 7 Others, 1997 (2) LW 81, this Court held as follows: "It is only when the Landlord says that he cannot meet the requirements or that the portion presently in his occupation is not sufficient for his needs, and he also wants to occupy that portion of the building occupied by the Tenant, it squarely comes under Section 10(3)(c) of the Act. That means the structure or building must be occupied both by Landlord and Tenant. It is the occupation of both Landlord and Tenant in one structure that is contemplated under Section 10(3)(c). It is not the ownership of the building that matters. Even if the Landlord happens to be the owner of two adjoining buildings, that will not come under Section 10(3)(c)."