KULSUMBAI MNLLA JEEWAJEE Vs. MADRAS MARINE PRIVATE LIMITED

JUDGEMENT

(1.) C. R. P. No. 2039 of 1982 has been filed by the landlady and C. R. P. No. 371 of 1982 has been filed by the tenant against the orders of the appellate authorities in different appeals filed by the landlady and tenant as against the common order passed by the Rent Controller in H. R. C. No. 2541 of 1979.

(2.) The landlady, who is the revision petitioner in C. R. P. No. 2039 of 1982 and respondent in C.R.P. No. 371 of 1982 filed the eviction petition on three grounds viz., wilful default in the payment of rent under section 10 (2) (i), acts of waste to the building under section 10 (2) (iii) and requirement of the premrses for the landladys partnership business order section 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1969, hereinafter referred to as the Act.

(3.) The learned Rent Controller gave finding on the first two grounds against the landlady, but found the third ground, viz., the requirement of the building for the landladys partnership business, in favour of the landlady and ultimately passed an order of eviction. As against the order of eviction, the tenant filed H R. A. No. 410 of 1981 on the filed of the VI Judge, Court of Small Causes at Madras, where as the landlady filed H. R. A, No. 409 of 1981 on the file of the IV Judge, Court of Small Causes at Madras as against the adverse findings on the other two grounds. The appeal filed by the landlady on the ground of wilful default was allowed by the IV Judge of Court of Small Causes who held that the tenant has committed wilful default in the payment of rent and the appeal filed by the tenant was allowed by the VI Judge of Court Small Causes, Madras. Hence these revision petitions, both by the tenant and the landlady.