LAWS(MAD)-1994-11-70

JOHN LOUIS Vs. G RAMACHANDRAN

Decided On November 17, 1994
JOHN LOUIS Appellant
V/S
G RAMACHANDRAN Respondents

JUDGEMENT

(1.) AN attempt to get a dissenting view from the concurrent findings given by two authorities under the Tamil Nadu Buildings (Lease and rent Control) Act, made in R. C. O. P. No. 47 of 1983 dated 4. 8. 1986 and R. C. A. No. 36 of 1987 dated 31. 10. 1988 has been made in this revision alleging that both the said orders virtually failed to identify that the requirement of the rental premises bearing door number 22, Web Church Road for own use and occupation of the landlord is not bona fide.

(2.) IT is the common case of both the parties that the revision petitioner was a tenant in the demised property above referred, which is a residential one on a monthly rental of Rs. 40. Since the landlord required the same for his own occupation for the reason that he owns no other building either on his own accord or otherwise having the full interest at his command, he resorted to Sec. 10 (3) (a) (i) of the Tamil Nadu Buildings (Lease and Rent control) Act in R. C. O. P. No. 47 of 1983. After hot contest made by and on behalf of the revision petitioner/ tenant very much disputing the bona fide requirement of the landlord, the learned Rent Controller accepted the claim of the landlord and ordered eviction, which was confirmed by the learned Rent Control appellate Authority in R. C. A. No. 36 of 1987 as above referred. Assailing these consensus by both the courts below, the present attempt is made in this revision to set aside the same.