K. VASUDEVAN Vs. JAFFER ABDUL RAHMAN SAIT

JUDGEMENT

(1.) Tenant is the revision petitioner herein. The landlord filed a petition for eviction against the tenant on the ground of owners occupation under Sec. 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23 of 1973, hereinafter referred to as the Act.

(2.) The landlord is the owner of the petition premises. The tenant is conducting a lodging house in the petition premises. The landlord is aged about 65 years on the date of the petition. The landlord wanted to conduct the lodging business by himself. He is not having any other non-residential premises of his own in the city or town. Therefore he required the petition premises bona-fide under Sec. 10 (3) (a) (iii) of the Act.

(3.) The tenant submitted that the landlord is an aged person and therefore he will not be in position to conduct the lodging business. According to the tenant the landlord has not obtained any licence for conducting the lodging business, and no preparations have been made for doing that business. In short, according to the tenant, the landlord is not carrying on any business of his own so as to ask possession under Sec. 10 (3) (a) (iii) of the Act..