V JAYAKUMAR Vs. V SWAMINATHAN

JUDGEMENT

(1.) Whether the concurrent finding of fact rendered, directing eviction of the tenant from the premises on the ground of sub-letting was given (a) in the absence of legal evidence and (b) also against the admission made by the landlord that the so-called sub-tenants were the employees of the tenants, and under such circumstances whether those findings can be termed as perverse findings? Landlord filed petition under Section 10(2)(i) 10(2)(a), 10(2)(b) and 10(3)(c) of The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter will be referred to as "The Act") in R.C.O.P. No. 17 of 2009 against the first respondent/tenant and the second respondent/alleged sub-tenant, seeking eviction on the ground of, (i) willful default in the payment of rent; (ii) sub-letting; (iii) different user; and (iv) personal occupation.

(2.) The Rent Controller ordered eviction of the respondents on the ground of subletting, granting one month's time for the tenant to vacate the premises.

(3.) The first contention of the learned counsel for the landlord/first respondent is that the property was let out only for the purpose of running a juice shop and no permission was ever granted to change the business and without the permission of the landlord, the tenant has now changed the business, and therefore, he is liable to be evicted.