INDIRA DEVI Vs. G SURESH

JUDGEMENT

(1.) This Civil Revision Petition has been preferred challenging the Judgment and Decree, dated 14.08.2009 passed in R.C.A. No. 299 of 2008 on the file of the Rent Control Appellate Authority/VIII Judge, Court of Small Causes, Chennai, confirming the order and decretal order dated 18.02.2008 made in RCOP. No. 1588 of 2006 on the file of the Rent Controller/XI Judge, Court of Small Causes, Chennai. The petitioner herein challenging the concurrent finding has stated that the Court below ought to have noted that in respect of two shops, which were in occupation of the petitioner as tenant under the respondent, at the request of the respondent herein, the petitioner herein already surrendered one shop. Having taken over possession of the shop, the respondent let out the same for higher rent, while so, the present eviction petition, was filed for the personal occupation of the respondent's son for parking his car which cannot be held to be a bonafide requirement.

(2.) Learned counsel appearing for the petitioner submitted that the Rent Control Original Petition, seeking eviction of the tenant, who is the petitioner herein was not filed on bonafide grounds under Section 10(3)(a)(ii) of Tamil Nadu Buildings (Lease and Rent Control) Act and according to him, the petition itself was not maintainable. The petitioner herein has further stated that the respondent is owning another premises, adjacent to the rented premises relating to the R.C.O.P. Hence, it could have been stated that the requirement, seeking for eviction is not bonafide.

(3.) The Rent Control Original Petition in RCOP. No. 1588 of 2006 was filed by the respondent herein under Section 10(3)(a)(ii) of Tamil Nadu Buildings (Lease and Rent Control) Act. After contest, the learned Rent Controller by order dated 18.02.2008 allowed the RCOP and ordered eviction. Aggrieved by which, the petitioner herein as tenant preferred Rent Control Appeal in RCA. No. 299 of 2008. The Rent Control Appellate Authority by judgment dated 14.08.2009 confirmed the order and decretal order passed by the learned Rent Controller and dismissed the Rent Control Appeal. Aggrieved by which, the revision has been preferred.