D PERIYAGOPAL Vs. K VISWANATHAN

JUDGEMENT

(1.) THE landlord is the Revision Petitioner, who was owning a building bearing Door No. 21/693 in Ranga Gounder Street, Coimbatore town, the first floor of which was occupied by him for residential purpose; the ground floor of which was occupied by the Respondent/tenant on rental agreement. The landlord was running a tailoring business in some other area. In order to shift his tailoring business to the petition mentioned property, he required the ground floor for his own occupation.

(2.) EVEN though the learned Rent Controller ordered eviction of the respondent/tenant, accepting the ground of owners occupation pleaded by the revision Petitioner, by taking into account the subsequent event, that the landlord has shifted his residence from the first floor of the petition mentioned property to Ondiputhur, R. C. A. preferred by the Respondent/tenant was allowed by the Rent Control Appellate Authority, on the ground that the landlord may occupy the first floor of the petition mentioned property for running his tailoring business.

(3.) TRUE it is that the landlord need not be necessarily under a threat of eviction from the premises which he occupied as tenant, as fortified in Ravichandran and others v. Natarajan Nadar and others (2004 1 MLJ 458) and m. Aishath Najiya v. M/s Lalchand Kewalram and others (1989-II MLJ 28 ).