NOOR AHMED Vs. S RAMASAMY

JUDGEMENT

(1.) The tenant, in RCOP.No.25/1994, on the file of the Rent Controller (Principal District Munsif), Erode, is the revision petitioner.

(2.) The respondent/landlord filed an application under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for eviction of the tenant, on the ground that he requires the petition premises on the ground of additional accommodation to carry on his business.

(3.) The case of the landlord is that the petition premises was given on lease by the vendors of the landlord to the respondent for running an automobile spare parts business on a monthly rent of Rs.400/- and the tenancy is according to the English Calendar. The landlord had purchased the building on 16.2.1989 and on intimation of the said purchase, the tenant has been paying the rent to the petitioner. The landlord is running 3 flour mills, one for chillies, one for rice and wheat etc., and another for salt. He also installed 2 pulverisers, one for pulverising sugar and another for cocoanut. The landlord also installed a lathe for repairing the machineries and has been running these businesses in the adjoining tiled portions of the petition premises. The petitioner had developed his business and hence, he found it very difficult to run all the above machineries in the available space of 838 sq.ft. and with the great difficulty, he is running the machineries and he wanted to extend his machineries in the petition premises and the landlord is also not having accommodation for store room and office purpose and therefore, he badly requires the petition premises as an additional accommodation for his own use. To the request made by the landlord, the tenant refused to vacate and therefore, the landlord has filed the petition.