A.M.P. REVATHI Vs. SUBASHCHANDRAN

JUDGEMENT

(1.) This Civil Revision Petition is directed against the judgment and decree dated 14.10.2008 passed by the Subordinate Judge, Nagapattinam in R.C.A. No. 46 of 2007, reversing the judgment and decree dated 24.07.2007, passed by the District Munsif, Nagapattinam, in R.C.O.P. No. 13 of 2005. The petitioner is the landlady. She filed the eviction petition, in R.C.O.P. No. 13 of 2005, before the Rent Controller, on the grounds of 'own use and occupation', 'act of waste' and 'different user'. The case of the petitioner is that the tenant was inducted in the petition premises, on 04.02.1993, on a monthly rent of Rs. 700/-, and subsequently, the rent was increased periodically and the rent in the year 2005 was Rs. 1,800/-; that the tenant had taken the petition premises for residential purpose, but, subsequently converted the premises for non-residential purpose, without her permission; that the tenant altered the petition premises, which caused impairment to the value of the building and that she requires the building for her personal occupation.

(2.) The tenant filed his counter contending that he had taken the petition premises for residential as well as non-residential purpose and from the year 1993, he was using one portion of the premises for office purpose, as per the lease agreement. So, it will not amount to different user. When he had taken the petition premises for lease, the building was in a damaged condition. So, with the permission and knowledge of the landlady, he had made alterations. Those alterations are only improvements to the building and they will not amount to causing impairment of the value of the building and the requirement of the building for own use and occupation is not bonafide. Hence, he prayed for dismissal of the eviction petition.

(3.) Before the Rent Controller, the landlady examined her Power Agent as PW 1, and also marked Exs. P1 to P3. The tenant examined himself as RW 1 and marked Exs. R1 to R5.