J LAKSHMI Vs. S V BALASUBRAMANI

JUDGEMENT

(1.) THE revision petitioner is the landlady. She filed the RCOP for evicting the respondent/tenant on the ground of own occupation for running a textile business to be carried on by her husband.

(2.) THE respondent/tenant contested the RCOP contending that the predecessor of the petitioner had agreed to sell the petition mentioned property to him and he has also paid advance. But he breached the agreement and hence he filed a Civil Suit before the High Court and later it has been transferred to the III Additional City Civil Court, Chennai and numbered as O. S. No. 352 of 1996. The said suit was dismissed and he also field an Appeal Suit before the High Court and in CMP. No:6603 of 1997 he has also obtained interim injunction not to evict him without due process of law.

(3.) THE respondent further resisted the RCOP contending that the requirement for owner's occupation is not bona fide. Further more, the landlady's husband in the suit has admitted that he has purchased a property at Door No. 14, Rajagopal Naidu Street, Chennai-21 and he has constructed shops in front of the said property and thus the landlady has suppressing fact stated in the RCOP that she is not owning any other non-residential building in the city. Apart from that he has been doing the business in the said premises for more than 22 years and he has earned good will. It is only a tactics to close down the business of the respondent, the petitioner has purchased the property and now trying to evict the respondent.