N BORAIAH Vs. N ESWARAN

JUDGEMENT

(1.) The landlord, unable to evict the tenant before the courts below, has moved this Court, for the same relief, as revision petitioner.

(2.) The petitioner/landlord attempted to evict the tenant on four grounds viz., that (1) the tenant had committed willful default; (2) the tenant had committed or caused to be committed acts of waste, which are likely to impair materially the value of the building, (3) the tenant is guilty of causing nuisance to the occupier and (4) the building is required for the occupation of his son, who is doing a business.

(3.) The default period, which is stated as willful commences from 1.7.1996, till the date of filing of the petition, amounting to Rs.24,000/-. The acts of waste or damages alleged are that physical abuse and unauthorised storage of water, which had caused damage to the building. The guilty act of the tenant alleged is that he had caused nuisance to one of the tenants of the building, by allowing the water to leak, thereby inflicting sufferings to the other tenants also. Owner's occupation is aimed on the ground that the landlord's son is having a tea manufacturing factory, for which he is not having a premises of his own at Ooty, the further fact being, not owning any non residential building of their own.