N. SWAMINATHAN Vs. D. SOMASEKAR REDDY

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the judgment and decree passed in R.C.A.No.1161 of 2006 dated 18.07.2013 on the file of the learned VII Judge, Court of Small Causes, Chennai, reversing the order and decree passed in RCOP.No.1894 of 2005 dated 30.08.2006 on the file of the learned XI Judge, Court of Small Causes, Chennai, thereby, allowing the petition for eviction filed by the petitioner herein.

(2.) The petitioner is the landlord (hereinafter called as "the landlord"). The respondent is the tenant (hereinafter called as "the tenant"). The landlord is the absolute owner of the residential flat bearing Old No.2, Door No.3, Flat No.5, Second Floor, Ramachandra Road, T.Nagar, Chennai - 600 017 ad-measuring 950 sq.ft. area vide is located in very proximate place in T.Nagar (hereinafter referred to as "the petition premises"). The landlord let out the petition premises on lease for residential purpose to the tenant on 15.09.1991 for the monthly rent at Rs.2,000/-. Subsequently, the monthly rent was enhanced to Rs.5,000/-. While being so, the tenant is not tendering monthly rents regularly and as such, the arrears accumulated and the tenant used to pay in lump sum. For the past three years, the tenant had been very irregular in paying the monthly rents. That apart, the tenant, without getting any prior permission from the landlord, had made structural changes in the petition premises and carried material alteration and additions by installing wooden structures and other permanent and semi permanent structures in concrete and brick. Further, the landlord requires the petition premises for own use and occupation, as his brother and sister, who are in desperate need of residential Flat. Therefore, the landlord filed a petition for eviction, on the ground of wilful default, act of waste and owner's occupation.

(3.) The tenant resisted the same by filing counter stating that the tenant paid a sum of Rs. 15,000/- as advance for the petition premises. The tenant never committed any wilful default in payment on rents. In fact, the tenant would pay six months' rent in advance. On the notice issued by the landlord, the tenant sent a detailed reply stating that there is no arrears of monthly rents and in fact, the tenant paid rent upto July 2005 and thereafter, he paid six months' rent in advance till December 2005, on 24.08.2005 itself. Again on 29.12.2005, the tenant paid another sum of Rs.30,000/- as monthly rent, upto period of June 2006. Therefore, there is absolutely no wilful default in payment of rents. The tenant never made any structural change in the petition premises. He has not carried any material alteration or addition. He simply installed the wooden structure, since there is no wooden structure in the petition premises and as such, the tenant put up a cupboard by wooden structure. It would not amount to any permanent or semi-permanent structure. It is not made of any concrete or brick, therefore, there is no act of waste caused by the tenant to the petition premises. In respect of owner's occupation, the tenant stated that there is no bonafide requirement by the landlord, since the landlord seeks the petition premises for his brother and sister and not for himself.