V L DEVARAJAN Vs. S NANDAGOPAL

JUDGEMENT

(1.) The landlord/petitioner in R.C.O.P.No.247/94 on the file of the XII Judge, Court of Small Causes, Chennai, who is unable to evict the tenant/respondent, on the ground of willful default and personal occupation for carrying on a business, is the revision petitioner.

(2.) The revision petitioner, as landlord had filed a petition before the Rent Controller contending, that the tenant/respondent, who had agreed to pay a monthly rent of Rs.600/- p.m. for the demised premises, failed to pay the same from November 92 to December 1993, that too willfully and that the shop in occupation of the respondent is required for the business of his brother, since they are not owning any other building, in the city of Madras, for the purpose of carrying on the business.

(3.) The tenant opposed the application contending, that the rent agreed between the parties is only Rs.300/-, that there was an agreement between the parties, for the adjustment of the rent, towards the mortgage loan dated 11.12.1988 and in pursuance of that agreement, the rents payable by the respondent is being adjusted towards the interest payable to the mortgage debt and that the petitioner's brother is not carrying on business and therefore, the requirement is not bonafide.