HABIBULLAH Vs. MOHAMED SULTAN

JUDGEMENT

(1.) The landlord, who had succeeded in his attempt to evict the tenant from the premises under Section 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter called as 'Act') failed before the Appellate Authority and the result is, he is before me as revision petitioner.

(2.) The petitioner as landlord, had filed a petition before the Rent Controller, Pudukkottai for the eviction of the respondent/tenant, contending that he had proposed to demolish the present old building and the same is required bonafidely for the purpose of demolition and construction of a new building, in order to have better investment for the augmentation of the income, since the income derived at present from the premises is not economical. It is also the case of the landlord, that the demised building is very old and the same is not in good condition, requiring immediate demolition and new construction. It is further stated that necessary approval was obtained by filing plans for approval. In this way, on the ground of demolition and reconstruction, giving undertaking also, as seen from para 10 of the petition, landlord filed a petition.

(3.) The respondent/tenant, tracing out the origin of tenancy and admitting, at present, the petitioner is the owner of the building, had opposed the eviction petition, on the ground that the building is in good state, which does not require immediate demolition and reconstruction. It is further pointed out, that the ground sought for, for the eviction of the tenant viz., demolition and reconstruction of a new model building and personal occupation for his business is not bona fide, since the petitioner is having several suitable buildings in Bazaar Street to occupy for him, if he wants.