S P SABAPATHI PILLAI Vs. M DURGA

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order passed in R.C.A. 332/92 on the file of Appellate Authority (IV Judge, Court of Small Causes, Madras), in which the learned Appellate Authority had allowed the appeal and set aside the order in RCOP. 1462/ 88 passed by the Rent Controller (XVI Judge, Court of Small Causes, Madras) and thereby had allowed the petition.

(2.) Short facts are: The respondent has filed RCOP. No. 1462/ 88 against the petitioner for eviction under Section 10(2)(i)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (which I shall hereafter refer to as 'the Act'). The allegations in it are briefly as follows:- The respondent is a tenant of the petitioner in respect of non-residential building bearing Door No. 9/ 1, Srinivasa Road, T. Nagar for the purpose of running a hotel on a monthly rent of Rs. 400/-. The respondent was carrying the hotel business under the name and style of "Vijayalakshmi Tiffin Centre". In the second week of April, 1988; after her return from Vijayawada, the petitioner was surprised to find the business of cool drinks bar in the demised premises. Without the written consent of the petitioner, the respondent has put the premises for a purpose other than that for which it was let out. Hence he is liable to be evicted.

(3.) The respondent has resisted the claim on the following grounds:- The tenancy is admitted. The respondent denies that the purpose of letting and user is for running a hotel only. The letting was for non-residential user of the premises. The tenancy commenced even during the life time of Mukundala Narayana, since dead. The tenancy commenced in or about 1976. The portion taken for tenancy is the hall, an adjoining kitchen and the rear portion of No. 78. Mukundala Narayana treated it as two tenancies viz., the tenancy in respect of the hall and the adjoining kitchen as one in favour of the respondent and that of the rest of the portion in favour of the respondent's wife, Nagammal. The receipt dt. 29-9-76, mentions only about the letting out as a shop viz., for non-residential user and the letting out by him to the respondent is not for the purpose of running only a hotel business. With the permission of Mukundala Narayana, the respondent got separate line for electric supply for the said portions. Since then, he is carrying on his hotel business under the name and style of "Vijayalakshmi Tiffin Centre." and also a pan shop, selling Aerated water, biscuits and other things.