C.J. UMSALMA BEGUM Vs. D. GOPALAN

JUDGEMENT

(1.) Merely because the landlord is owning some other premises, in which some other business is carried on, whether the landlord can be compelled to shift his business from the present rented premises to the premises of his own, where some other business is being carried on, is the issue raised in this Civil Revision Petition. In other words, whether the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, prohibits eviction of tenant from the non-residential building, by the landlord, if the members of the family of the landlord possessed some other non-residential building, is the issue raised in this Civil Revision Petition.

(2.) It is the case of the respondents/landlords that the petitioners/tenants are in possession of the premises, as tenants, for non-residential purposes and they are running a cloth store in the name and style of M/s. Seemati Silks; that the petitioners did not pay the rents regularly, from the month of January 2013 and they wilfully refused to pay the rents; that the third respondent's (Padmavathy's) husband and the fourth respondent are jointly running a jewellery shop in the name and style of 'Thanga Malligai', in a rented premises, and the fourth respondent has proposed to commence a separate jewellery shop in and around the bazaar locality and their landlords have filed eviction petition in RCOP No. 4 of 2008; and so the building is required for the owner's personal business and therefore, eviction should be ordered.

(3.) This order is under challenge in this Revision Petition.