BHAWARLAL AJAJI Vs. TEGCHAND PUKHRAJ

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the judgment dtd. 14/12/2020 in RCA No.471 of 2016 on the file of the VIII Small Causes Court, Chennai, confirming the order dtd. 28/6/2016 in RCOP No.250 of 2014 on the file of XI Small Causes Court, Chennai.

(2.) First respondent filed petition under Sec. 10(2(ii)(a) of Tamil Nadu Buildings (Lease and Rent) Control Act against the petitioner and second respondent herein for eviction on the ground of sub-lease.

(3.) The case of the first respondent is that he is the owner of the petition mentioned property. Petitioner was inducted as a tenant on a monthly rent of Rs.5,000.00. The tenancy is for non-residential purpose and according to English Calendar month. Petitioner was carrying on business in the field of fancy goods. Petitioner indulged in unauthorised subletting as early as in 2002. First respondent issued a legal notice to the petitioner and unauthorised sub-tenants and filed eviction petition in RCOP No.385 of 2002. Petitioner apoligized for his act and gave an undertaking in writing on 8/4/2002 not to sub-lease the premises and vacate the sub-tenants. On the basis of this written undertaking, first respondent withdrew the RCOP. Now the petitioner stopped his business in the petition premises and shifted his business to Door No.47, Perumal Mudali Street. He leased out the petition mentioned building to second respondent. Second respondent is running the business under the name and style of Sadhguru Jewellers in the petition mentioned building. Petitioner has no right to sublease the premises, without the permission and consent of the first respondent. Therefore, this petition.