TULI BROTHERS MADRAS 1 Vs. G R SRINIVASALU

JUDGEMENT

(1.) THE tenant is the revision petitioner. THE respondent/landlord filed an eviction petition against the tenant under section 10 (3) (a) (ii) of the Tamil Nadu Buildings (Lease and rent Control) Act, 1960 (hereinafter referred to in this judgment as the Act)on the ground that the petitioner is a tenant of one shed (garage) in the front portion of the ground floor of premise No. 216, Thambu Chetty Street, Madras-1 on the monthly rent of rs. 200/- payable on the subsequent English Calendar month, that the landlord requires the same for keeping his car and motor cycle and that the said garage is required for his personal use. THE tenant contended that the portion in question is not a garage that the tenant is conducting business from 1970 in this portion, that the landlord is not in need of the said premises and that there is no bona fides in the prayer made by the landlord. Both the authorities below ordered eviction holding that the portion under the occupation of the tenant is a garage and that the requirement of the landlord is bona fide. It is as against this order the present Civil Revision Petition has been filed by the tenant.

(2.) MR. S. Sampathkumar , learned counsel for the revision petitioner/tenant submits that the car and and the motor cycle belonged to a partnership firm and not to the landlord and as such, he is not entitled to ask for the premises in question to park these vehicles. The learned counsel further submits that the portion in question is not a garage, that it was not adapted for such use and hence, the petition under section 10 (3 ) (a) (iii) of the act is not maintainable.