A SANKARAN Vs. S K BALASUNDARAM

JUDGEMENT

(1.) Two different tenants are the petitioners herein.

(2.) Petitions for eviction were filed on the ground of wilful default in payment of rent and owner's occupation, under S. 10(2)(i) and S. 10(3)(a)(iii) of the Tamil Nadu Buildingds (Lease and Rent Control) Act, 1960 as amended by Act 23 of 1973 (hereinafter referred to as the Act).

(3.) The petition premises is situated at Door No. 80, Bazaar Road, Saidapet, Madras 15. According to the land lords, they are the owners of the premises at Door No. 80, Bazaar Road, Saidpaet. Originally the petition premises was owned by the 1st respondent herein and his brother. Later on by exchange of properties, the first respondent herein became the sole owner of the petition premises. According to the landlord, (1st respondent herein), he is carrying on the business in a rented premises under the name and style of "S.K.S Coffee works" at No. 20, Jeenies road, Saidapet, Madras 15. The landlord is paying a monthly rent of Rs. 100.00 for the said premises. According to the landlord, he is not in occupation of any other non residential building of his own in the City of Madras and therefore, he required the petition premises under the occupation of the tenants bonafide for his business.