G VENKATESAN ALIAS BALAJI Vs. S D RAMAMURTHY

JUDGEMENT

(1.) THIS civil revision petition has been filed against the judgment and decretal order, dated 31. 3. 2003, made in R. C. A. No. 15 of 2000 passed by the VIII Judge, Small Causes Court, (Rent Control Appellate Authority), Chennai, reversing the order and decretal order, dated 24. 9. 1999, made in R. C. O. P. No. 466 of 1996 passed by the learned 15th Judge, Small Causes Court, (Rent Controller) Chennai.

(2.) IT is the case of the petitioner that he is a tenant in occupation of the rear portion of the petition premises, namely, 14, Eswaran Koil Street, West Mambalam, Chennai from the year 1971. He had occupied the premises for residential and non-residential purpose. Later on, a portion of the land, in front side of the portion occupied by him, was taken by him as additional tenancy for non- residential purpose for carrying on business in lending books as a library and constructed a thatched shed thereon. The rent for original portion was Rs. 200/- per month. At the time of taking additional portion for non-residential purpose the rent was fixed as Rs. 150/- per month and that he was paying a total of Rs. 350/- per month as rent for both the portions together. Subsequently, the thatched shed which was used as the non-residential portion had collapsed and he was not allowed to re-build the same. Therefore, he had paid only Rs. 200/- as monthly rent for the residential portion alone. Since a dispute arose with regard to the rent, R. C. O. P. No. 466 of 1996 was filed by the landlord, who is the respondent in this civil revision petition, on the ground of wilful default in payment of the monthly rent at the rate Rs. 350/- and also on the ground of additional accommodation for his family.

(3.) THE learned Rent Controller had dismissed the R. C. O. P. holding that there was no wilful default in the payment of monthly rents and there is no bona fide on the part of the landlord for demanding the petition portions of the premises for additional accommodation.