D DINESHCHAND Vs. SAROJINI

JUDGEMENT

(1.) The revision petitioner/tenant has filed the Civil Revision Petition challenging the eviction ordered by the learned Rent Control Appellate Authority on the ground of own use and occupation by the landlady's son by reversing the order of the learned Rent Controller, who refused to order eviction on that ground.

(2.) The respondent/landlady has filed the Rent Control Original Petition seeking eviction of the revision petitioner/tenant from the petition non-residential premises, viz., entire ground floor portion in premises bearing door No.13, Peddu Naicken Street, Kondithope, Madras-79 for own use and occupation for the purpose of carrying on business. In the petition it is stated that the revision petitioner/tenant carrying on business in provisional store on a monthly rent of Rs.425 /-. On the death of landlady's husband, the entire family depends upon the income of the landlady's son G.Raveender, who started business in the name and style of "Sona Plastic Industries" in the rented premises at No.1, Kannayya Naidu Street, Kondithope, Madras-79 and paying Rs.2,300/- per month towards rent. Therefore, the respondent/ landlady requires the petition non-residential premises bona fide for own use and occupation by her son G.Raveender to carry on business in the name and style of "Sona Plastic Industries", which is now carried on in the rented premises.

(3.) The petition was opposed in the counter that the requirement of the petition non-residential premises is not bona fide. It is further urged in the counter that the petition premises is situated in a commercial zone and therefore, the landlady cannot seek the premises for the purpose of running plastic industry by her son and for which industry licence is to be obtained under Section 287 of the City Municipal Corporation Act and which in turn is to be regulated by the M.M. D.A. Act and since the revision petitioner/tenant is in occupation of the portion measuring 120 square feet, it may not be suitable to run the industry as sought for by the landlady for her son. The revision petitioner/tenant's uncle is in occupation of the adjoining portion as tenant and having failed in her attempt to vacate him, the landlady has filed this Rent Control Original Petition, subject matter of this Civil Revision Petition.