LAWS(MAD)-2022-1-384

PREMNAZIR Vs. MADHAVAN

Decided On January 05, 2022
Premnazir Appellant
V/S
MADHAVAN Respondents

JUDGEMENT

(1.) The unsuccessful tenant having suffered an order of eviction at the hands of the authorities constituted under the Tamil Nadu Buildings (Lease and Rent Control Act, 1960 has come up with this Civil Revision Petition.

(2.) The Landlord sought eviction on the ground that the tenant has committed default in payment of rent and on the ground of additional accommodation claiming that the Landlord is running a grocery shop in the name and style of ''Thangam Stores" in adjacent shop and he needs the petition premises for expansion of the said business. According to the Landlord, the period of default was from March 2014 till date of filing of the petition i.e., for a period of 26 months.

(3.) The tenant resisted the eviction proceedings contending that the rent was deposited in the suit in O.S.No. 127 of 2014 filed by him before the District Munsif, Pollachi and therefore, there is no default. On the requirement of the Landlord for additional accommodation, while admitting the fact that the Landlord is carrying on business. The tenant would contend that hardship caused to him by eviction would outweigh the advantage that would accrue the Landlord.