ARUMUGHA NATTAR Vs. HUSSAIN MOIDEEN KHAN

JUDGEMENT

(1.) THE petitioner in this petition is the landlord who filed an application for eviction of the respondent on the ground that he required the suit shop for the purpose of carrying on a wholesale business in paddy and grains which he had started before the purchase of the premises. The allegations in his petition are following. He is a native of Cuddalore. He has two brothers one of whom is: residing in Cuddalore and the other in Chidambaram. He is having a flourishing, trade in Singapore. His wife is also a native of Cuddalore and he married her in 1954. His brother is doing business at No. 182. West Car Street, Chidambaram. In order to settle his family he has purchased a house at Chidambaram for Rs. 23,000 and the shop from which he seeks to evict the respondent for Rs. 9,100. It is his desire that he should carry on a business of his own in that shop at Chidambaram. He further alleged that there was wilful default on the part of the respondent in the payment of arrears of rent.

(2.) WHEN the petition came on for hearing before the Rent Controller, he found that the building from which eviction is sought is a non -residential one, that there was enough documentary evidence to show that the petitioner was carrying on business on the date of the application, that the petitioner was not possessed of any Other non -residential building of his own and that his claim was bona fide. The Rent Controller accordingly allowed the petition for eviction.

(3.) WHEN the matter came up in revision, the learned District Judge accepted the findings of the Subordinate Judge and observed that it is a matter for suspicion that the petitioner would have invested only a sum of Rs. 5,000 when admittedly he had purchased a house for over Rs. 23,000 and also the suit shop for about Rs. 9,100 and that the circumstances would indicate that the plea of the petitioner that he intended to do wholesale business was not quite true. He accordingly dismissed the revision petition and confirmed the order of the Subordinate Judge