M MANI Vs. D RAMALINGAM

JUDGEMENT

(1.) The tenant is the revision petitioner. The landlord applied to the Rent Controller under Section 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18/1960 hereinafter referred to as the Act, for the eviction of the revision petitioner who was a tenant in respect of a portion in the ground floor in premises No.3, Oilmonger Street, Tripli-cane Madras-5, on a monthly rent of Rs.25.00, on the ground that he required that portion of the premises in question for the occupation of his undivided brother.

(2.) The tenant/revision petitioner raised mainly two contentions: (1) that the requirement of the landlord is not bona fide and (2) that the petition filed by respondent/landlord under section 10(3)(c) of the Act is not maintainable.

(3.) The Rent Controller found that the requirement of the landlord is bona fide and that the landlord was correct in applying under section 10(3)(a)(i) of the Act and accordingly allowed the petition of the landlord ordering eviction of the petitioner. The appellate court confirmed the order of the Rent Controller.