ASSOCIATED TRADERS Vs. M A ABDUL HAMEED

JUDGEMENT

(1.) This civil revision petition areises under the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 as amended by Tamil Nadu Act 23 of 1973. ((for short the Act). The respondent is the owner of premises No. 12 Mooker Nallamuthu St, Madras. The revision petitioners are tenants under the respondent in respect of a portion of the western side in the ground floor of the said premises. The said potion has been let out to the petiitoners by the respondent for nonresidential purposes on a monthly rent of Rs. 600/-. The respondent is occupying a portion of the premises for residintial purposes. The respondent is carrying on business in partnership with other family members in the name and style of T. S. C. Sanitaries in premises No. 128 Thambu Chetti St. Madras. Apart from the said business the respondent has also taken up agency for Colourcem for the State of Tamil Nadu and Pondicherry. The said premises in which the respondent is carrying on business belongs to one Abdul Khader, his brother. Since the respondent is not occupying a building of his own for carrying on business he filed H. R. C. 308 of 1980 on the file of the Rent Controller, Madras for eviction of the recision petitioners under Sec. 10(3)(a)(iii) of the Act.

(2.) The revision petitioners, among others, raised a contention that the respondent had on an earlier occasion filed a similar petition for eviction in HRC No. 744 of 1976 under Sec. 10(3)(c) for additional accommodation. The Rent Controller passed an order for eviction. The revision petitioners filed H. R. A. 939 of 1978. The appellate authority by its judgment dated 17th JuIy 1979 set aside the order of eviction passed by the Rent Controller and dismissed the eviction petition. According to the revision petitioners the present petition for eviction is barred by res judicata by the judgment dt. 17th July 1979 in H. R. A. 939 of 1978. Besides, the revision petitioners have also contended that the respondent is not entitled to an order for eviction on the merits also.

(3.) The learned Rent Controller deal with the question of res judicata as a preliminary issue and held that the petition for eviction was not barred by res judicata under Sec. 19 of the Act. The revision petitioners then filed H. R. A. 1231 of 1980. The appellate authority by its judgment dt. 20th June 1981, confirmed the order of the Rent Controller and dismissed the appeal preferred by the revision petitioners. Hence this revision petition.