T R RENGASAMY Vs. P GANESAN

JUDGEMENT

(1.) THESE Revision Petitions have been filed against the order dated 28. 2. 2003 made in RCA Nos. 15/1999 and 26/1999 on the file of the sub Judge, Coimbatore confirming the order dated 8. 1. 1999 and made in R. C. O. P. Nos. 17/1996 and 3/1996, on the file of the District Munsif, Mettupalayam. I. C. R. P. (NPD) No. 604/2003:

(2.) THE tenant is the revision petitioner. THE respondent/landlord herein filed RCOP No. 17/1996 under Sec. 10 (3) (a) (i) of the Tamil Nadu Buildings (Lease & Rent control) Act, 1960 (hereinafter called'the Act') for evicting the revision petitioner from the petition premises on the ground that he requires the premises bonafidely for his own occupation. This eviction petition was resisted by the revision petitioner/tenant on the grounds (1) that the respondent/landlord is one of the owners of the property and as the other two owners have not joined in the petition, the RCOP is not maintainable. (2) the petition premises is having two door numbers, namely, 64 and 65 and in door no. 64 the tenant is residing with his family members and in Door No. 65 he is doing the business of selling eggs, thereby door No. 64 is a residential building and door No. 65 is a non-residential building and consequently a single rcop filed for evicting him from both the places is not maintainable. (3) THE landlord's mother has got a house in door No. 66 within the same compound which is vacant and the same can be used by the landlord and his family members. (4)THE landlord is not at all residing in Mettupalayam where the petitioner's premises are situate and (5) the landlord has got another building in the same place thereby there is no bonafide in the RCOP filed by him.

(3.) AGAINST these concurrent findings, the tenant has filed the above Civil Revision Petitions.