P RAMASAMY Vs. KERALA TRANSPORT CO

JUDGEMENT

(1.) THE landlord is the petitioner herein. THE petition for eviction was filed on the ground of owner's occupation under Sec. 10(3) (a) (iii) of the Tamil Nadu Buildings (Lease & Rent Control) Act 1960, as amended by Act 1 of 1973 (hereinafter referred to as "the Act",) THE landlord is the owner of the entire premises at No. 8. Lotus Ramasamy Street, Royapuram, Madras. 13. THE 1st respondent is a partnership firm and respondents 2 to 4 are its partners. THE tenant is paying a monthly rent of Rs. 7,000/-. THE premises was originally owned by M/s. P. R. Soundarapandiyan and P.R. Selvaraj, sons of the present landlord. By a deed of release and settlement executed on 21.3.1986, they released and settled the petition premises in the name of the landlord, who is none other than their father. THE tenant also attorned the tenancy in favour of the present landlord. THE petitioner carries on trade and business in dhall manufacturing and he owns a dhall mill known as 'sri Geetha Industries" at No. 1. Lotus Ramasamy Street, Madras. 13. THE Petitioner in the rent control petition being a tenant in the said premises is paying a monthly rent of Rs. 5,000/- to M/s P. R. Lithogruphers, owned by Mr. P. R. Selvaraj, son of the Petitioner in the rent Control petition. Thus the petitioner in the rent Control Petition is carrying on business in a rented premises. Consequently, the petitioner's son P. R. Selvaraj, pursuant to the family arrangement and settlement, has communicated to the petitioner that he needs the portion o ccupied by the petitioner by way of additional accommodation. THE petitioner has thus embarrased in continuing to be the tenant under his son. According to the Petitioner in the rent control petition, the present rented premises measures about 3 grounds in extent and it is insufficient to run the business. THErefore, the Petitioner needs more space and more accommodation for drying and hulling purposes. THE petition premises measures about 51/2 grounds and ideally suitable for installing the mill for the purpose of dhall manufacturing. THE Petitioner therefore bona fide requires the premises under the occupation of the tenant for doing his business. THE Petitioner wrote a letter dated 6.9.1986 appraising the situation. THE tenant sent a reply date 2.10.1986 indicating that he would not vacate from the petition premises. Hence, the present petition for eviction was filed.

(2.) THE tenant filed a counter, stating that the tenant is a partnership firm. THE tenant is in occupation of the petition premises for several years. THE tenant is not only in occupation of the built-up portion, but also the vacant site. THE land and building originally belonged to one Lotus Off-set Printers, rep. by its partner P. R.Selvaraj. THE alleged release and settlement deed said to have been executed on 29.3.1986 in favour of P.R.Soundarapandy and P.R.Selvaraj cannot be true since the place in question originally belonged to Mr. P. R. Selvaraj who has executed the tenancy agreement in the year 1974 in favour of the respondent/tenant. THE petitioner is carrying on his business in his own building situate at No. 1. Lotus Ramasamy Street, Madras. 13. THE tenant was regular in payment of rent and other charges. A sum of Rs. 25,000/- has been paid as advance. According to the tenant, it is not correct on the part of the landlord to say that he was a tenant under his sons and carrying on the business in the premises of his sons on rental basis. It is also not correct to state that the petitioner's sons need the portion under the occupation of their father by way of additional accommodation. THEse allegations were made only with a view to evict the tenant. THE requirement of the landlord is not bona fide . THE petition for eviction has been filed only to extract higher rent. THErefore, it was submitted that the requirement of the landlord of the petition premises is not bona fide and, therefore, the petition is liable to be dismissed.

(3.) LEARNED Counsel appearing for the petitioner/landlord submitted as under:-