GOPALAKRISHNA CHETTAIR Vs. W K A YAKUB HUSSAIN

JUDGEMENT

(1.) This revision is directed against the order of the Sub Court, Kumbakonam in C. M. A. No. 5 of 1982, setting aside the order of eviction passed by the Rent Controller against the respondent herein at the instance of the petitioner herein.

(2.) The petitioner is admittedly the owner of the premises which is occupied by the respondent as a tenant and in respect of which eviction has been sought for by him. The Petitioner who is the owner of the premises in question filed an application for eviction of the respondent who is a tenant, under S. 10(3)(a)(iii) of the TamilNadu Act 18 of 1960, as amended by Act 23 of 1973, on the groun,,1 that he requires the premises bona fide for his own use. The premises in question is a non-residential one and the case of the petitioner-landlord is that he requires the premises bona fide for carrying on his business which is being carried on in a premises not of his own in Kumbakonam town.

(3.) The said application for eviction was resisted by the respondent-tenant on various grounds of which the main ground is that the requirement of the landlord for his own use is not bona fide. To show that the application for eviction on the ground of owner's occupation is not bona fide, a reference has been made in the counter to certain earlier proceedings and the correspondence that was exchanged between the parties prior to the filing of the application to indicate that the intention of the landlord was to evict the respondent somehow and that the alleged requirement for the owner's occupation is only a ruse.