C.N. NAMBUDIRI Vs. EDWIN ISRAEL

JUDGEMENT

(1.) This revision petition arises out of the proceedings initiated under S. 10 (3) (c) of the Madras Buildings (Lease and Rent Control) Act (18 of 1960) (hereinafter referred to as the Act), on the ground that the landlord required the shops in occupation of the tenant as additional accommodation for the business which the landlord was carrying on. The landlord is the owner of the building which contains three shops and in the occupation of some tenants. The landlord is carrying on business in the sale and repair of watches, and he was a tenant under one Gomathi Ammal, opposite to the premises in question. This Gomathi Ammal appears to have filed a suit, obtained a decree for eviction of the landlord and therefore the landlord was obliged to vacate the premises. Hence, the landlord filed a petition, for obtaining possession of the shops in question.

(2.) From the record, it appears that, before the petition was disposed of by the Rent Controller, the landlord had obtained possession of one of the shops from the tenant thereof. Naturally this was relied on by the tenant (petitioner here) as a strong circumstance to resist the application of the landlord that the landlord having obtained possession of one shop could not claim that he required the other two shops for additional accommodation for his business.

(3.) The tenant was also sought to be evicted on the ground of arrears of rent, and, on that question, all the Courts have found against the landlord, and, therefore, no reference need be made to that portion of the case.