S BHUVANESWARI Vs. S GOWTHAMAN BHASKARAN

JUDGEMENT

(1.) THE revision petitioner is a landlady, who was unsuccessful before the Rent Controller and the Rent Control Appellate Authority, Court of Small Causes, Chennai.

(2.) THE case in brief is as follows:- The landlady filed a rent control original petition in RCOP No. 2879 of 1995 under section 10 (3) (a) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 read with Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974 (hereinafter referred to as 'the Act') for eviction of the respondent from the residential flat No. 5 on the southern side in the second floor of complex of residential flats known as G. S. Flats bearing door No. 25-A, Second Street, East Abhiramapuram, Mylapore, Madras-4. The said flat is required for her own use and occupation. The flat was purchased by the petitioner under a registered Sale Deed dated 12. 07. 1995 from Mrs. Nandhini Bharath. The respondent became a tenant under the previous owner Mrs. Nandhini Bharath in September 1987 on a monthly rent for Rs. 1,200/- excluding contributory charges payable to the Association for the maintenance of the common amenities. After purchase, the landlady duly intimated to the tenant about the transfer of the title to the petition premises and he was called upon to attorn the tenancy. Thereafter, the respondent continued to reside in the petition premises as a statutory tenant under the petitioner at the same rent of Rs. 1,200/- per month. The landlady is a bank employee and the family consists of her husband, employed as an Executive in a Public Limited Company and a school going daughter. The landlady and members of the family do not own residential building excepting the petition mentioned flat and the petitioner and her family were residing in a rented flat at No. 93-F, Sowbhagya Colony, K. K. Nagar, Madras-78. The landlord of the said premises requested them to vacate. They moved to another rented premises on 01. 09. 1995 at plot No. 257 (First floor), Alagirisamy Salai, K. K. Nagar, Madras-78. The landlady sent a letter dated 08. 09. 1995 and then the reminder letter on 11. 10. 1995 that the premises was bona fide required for her own occupation. The respondent / tenant replied on 03. 11. 1995. The respondent is a journalist attached to the nationally reputed newspaper. The landlady filed a separate petition for fixation of fair rent.

(3.) THE petition was resisted by the respondent by filing counter stating that the family of the landlady owns another property at Madras and the requirement of the petitioner is not bona fide. The landlady purchased the property only with a view to vacate the respondent at any cost and to hike up the rent. The landlady filed a separate petition for fixation of fair rent. She is employed in a bank at Parrys, Madras and her husband is a Corporate Executive, who is entitled to a flat at the company's expenses. Her daughter is studying in Padma Seshadri School at K. K. Nagar.