MOHAMMED ALIAS BAWA SAHIB Vs. B VIMAL CHAND

JUDGEMENT

(1.) ON remand by the Supreme Court of India by the order dated 29.1.1999, these Civil Revision Petitions are restored to the file of this Court.

(2.) THESE Civil Revision Petitions were filed by two tenants.

(3.) THE tenant/respondent in RCOP. No. 2680 of 1985, has raised almost the very same objections, stating that the petitioner has no right to file the petition and he is not the "Karta" of the joint family. THEre are 8 shops in the very same place and the petitioner himself is in occupation of 2 shops in the petition premises and running a Pawn Broker Shop and a Jewellery Shop and therefore, the petition, which is filed on the ground of owner's occupation, is not maintainable. THE petitioner and his family members own number of buildings both residential and non-residential and there is absolutely no bonafide requirement of the petitioner. THE petitioner's another brother Nirmalchand is carrying on retail business under the name and style of "Sayar Pharmacy" and therefore, Rajendrakumar, for whom the petition premises required, could join with him and run the business. That apart, there are two other big shop portions situated on the rear side of the petition premises and the petitioner could occupy the same. THE respondent also contended that his brother Gnanasambandam alone is the tenant and not the respondent.