S JAYAPAL Vs. P ROHINI

JUDGEMENT

(1.) THE unsuccessful tenant in respect of the order of eviction on the grounds of own use and occupation for non-residential purpose, wilful default in payment rent and on the ground of different user as confirmed by the learned Rent Control Appellate Authority, is the revision petitioner.

(2.) THE respondent/landlady filed the petition in R. C. O. P. No. 2267 of 1999 for eviction on the grounds of own use and occupation of the petition mentioned non-residential premises which are three shops, viz. , two adjacent portions each measuring 9 feet x 10 feet let out for provision stores on a monthly rent of Rs. 500/- each and another portion measuring 5 feet x 15 feet on the southern side of the ground floor let out for cool drinks stall on a monthly rent of Rs. 400/-; wilful default in payment of rent for the month of March, 1999 in respect of the provision stores and for the months from December, 1998 to May, 1999 in respect of the cool drinks stall and that the tenant converted the provision stores business by selling food items like, biscuits, bread, murukku, milk, snacks, sweets and vegetables; and also on the ground of subletting the cool drinks stall to one Arul, the second respondent in the petition in R. C. O. P. No. 2267 of 1999, for Travel agency in the name and style of "sakthi Travels" having two vans bearing numbers TN-05-1071 and TN-05-C1291 and that the tenant also committed acts of waste by removing the wall which divided the two portions.

(3.) THE tenant filed R. C. O. P. No. 1662 of 1999 under Section 8 (5) of the Tamil Nadu Buildings (Lease and Rent Control) Act for depositing the rent in Court in respect of the Cool Drinks and lottery shop, since the landlady refused to receive the rent for the month of March, 1999 when tendered and the rent sent by money order for the months of March, 1999 to June, 1999.