RUTH MARGARET GONSALVES Vs. K T H PRESSES

JUDGEMENT

(1.) THIS is a revision petition by the landlady whose petition for eviction against the respondent-tenant filed under Sec.10(3)(a)(iii), of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 (hereinafter called the Act) was allowed by the Rent Controller but the order was set aside by the appellate authority.

(2.) THE landlady is admittedly the owner of shop No.4 at No.36, Mukathal Street, Madras-7. THE tenant who deals in ready made clothes has a tailoring shop in the premises in question. He has two other premises in the same street in which he is carrying on business. Originally, the landlady had filed two petitions claiming possession on different grounds being H.R.C.Nos.3089 of 1979 and 3928 of 1980. Both of them were dismissed for default and it appears that the landlady also failed in her attempts to get these proceedings restored to file.

(3.) THE tenant denied that the landlady required the premises for her business. He pleaded that the earlier proceedings having been rejected, the landlady was not entitled to once again take proceedings on the same ground. With regard to his other places of business, his case was that in the present premises he had a show room while the other places were used only for stitching and keeping the sewing machines. It was denied by the tenant that the landlady was carrying on any business in the home-made condiments and pickles.