ABDUL JABBAR Vs. S RAMANATHAN

JUDGEMENT

(1.) THE tenant is the revision petitioner herein.

(2.) THE respondent/landlord filed a petition in R.C.O.P.No.1 of 2003, on the file of the learned Rent Controller/Principal District Munsif, Thiruvannamalai, for eviction, on the ground of act of waste, owner's occupation and for demolition and reconstruction.

(3.) THE learned counsel for the revision petitioner further contended that, according to the revision petitioner, the respondent/landlord is having other buildings in the same locality and he is the owner of adjacent buildings, having more than 12 shops and in that building, 10 shops are lying vacant and if the requirements of the landlord is bona fide, he could have occupied some of the shops in the adjacent buildings and therefore, the requirement of the landlord is not bona fide. THE learned counsel further contended that the tenanted premises and two other portions, one on the northern side and other on the southern side, are in the same building and all the three shops are owned by the respondent/landlord and no application for eviction was filed against the other two tenants. It is also admitted by the respondent/landlord that all the three shops are having the same roof, and without demolishing the those two shops, the portion let out to the revision petitioner cannot be demolished. Without considering all these aspects, the Courts below have ordered eviction, on the ground of demolition and reconstruction.