V M SIVAKUMAR Vs. J CHANDRASEKARAN

JUDGEMENT

(1.) TENANT is the Revision Petitioner. The respondent / landlord filed R.C.O.P.No.21 of 2008 on the file of the Principal District Munsif Poonamallee / Rent Controller for eviction on the ground of willful default and owner's occupation. The learned Rent Controller ordered eviction on both the grounds and in the appeal filed by the Revision Petitioner in R.C.A.No.26 of 2009 on the file of the Sub Court, Poonamallee, the eviction order was confirmed only on the ground of owner's occupation. Aggrieved by the same, this Civil Revision Petition is filed by the Revision petitioner / TENANT.

(2.) IT is submitted by the learned counsel appearing for the Revision Petitioner that as per the Agreement dated 05.04.2007, the parties agreed to have lease for 2 years and without his knowledge and consent lease period was reduced to one year and as per the original agreement, the tenancy is for 2 years and it would come to an end only on 05.04.2009 and before that, the eviction petition was filed and therefore, the petition filed by the respondent/landlord is premature. He further submitted that the revision petitioner / tenant has been paying the rent regularly and he has paid the rent up to April 2012 and the respondent/landlord is having an advance of Rs.20,000/- and the requirement of the respondent / landlord is not bonofide and the respondent / landlord is having three houses and only in order to evict the Revision Petitioner, this petition was filed and the petition premises is not suitable for the daughter's residence and without considering these aspects both the Courts have ordered eviction.

(3.) IN the result, this Revision Petition is dismissed. The Revision Petitioner is granted time till 30.06.2012, for vacating and handing over of the vacant possession of the premises to the respondent / landlord, on condition of the revision petitioner filing an undertaking affidavit to the same effect within a period of two weeks from the date of receipt of a copy of the order.