A.S.VENKATARAMAN Vs. A.V.HARIKRISHNAN NAIDU

JUDGEMENT

(1.) The tenant is the revision petitioner. The respondent landlord filed R.C.O.P. No.29 of 2001 against the petitioner herein on the file of the District Munsif cum Judicial Magistrate, Ambattur, seeking for eviction of the petitioner on the grounds of willful default and owner s occupation. Learned Rent Controller dismissed the eviction petition on both grounds by order dated 30.11.2006. Aggrieved against the same, the respondent landlord preferred an appeal in R.C.A.No.6/2008 on the file of the Sub Court, Poonamallee. The Appellate Authority, concurred with the order of the learned Rent Controller on the ground of willful default, however allowed the appeal and ordered eviction of the petitioner herein on the ground of owner's occupation. Challenging the said order of the Appellate Authority, the present civil revision petition is filed before this Court.

(2.) The landlord though filed eviction petition on the ground of willful default and owner's occupation, his application was rejected by both the authorities below in so far as the ground of willful default is concerned. Admittedly, the landlord has not challenged the said finding rendered by both the authorities below and thus, the only issue arises for consideration in this civil revision petition is as to whether the order of eviction passed by the Appellate Authority on the ground of owner's occupation is valid and consequently, whether the petitioner/tenant is liable to be evicted on that ground.

(3.) The respondent herein is the landlord and the petitioner herein is the tenant. The relationship between the parties as landlord and tenant is not in dispute. The demised premise is a shop measuring an extent of 100 sq.ft. bearing Door No.3/472, Valayapathi Salai, J.J.Nagar, Muggappair East, Chennai-50. The petitioner herein was inducted as a tenant during the year 1996 on a monthly rent of Rs.1,331/-.