T.KRISHNA PANDIAN Vs. K.S.BHARATH KUMAR

JUDGEMENT

(1.) The Civil Revision Petition in C.R.P.(NPD).No.4781 of 2014 arises against the judgment and decree passed in R.C.A.No.451 of 2010 on the file of the IX Judge, Court of Small Causes (Rent Control Appellate Authority), Chennai, confirming the order of eviction made in R.C.O.P.No.488 of 2009 on the file of the XIV Judge, Court of Small Causes (Rent Controller), Chennai. The tenant is the petitioner and the respondent is the landlord.

(2.) The Civil Revision Petitions in C.R.P.(NPD).Nos.2007 and 2008 of 2015 arises against the fair and decreetal order passed in M.P.Nos.463 & 465 of 2012 in R.C.A.No.451 of 2010 on the file of the IX Judge, Court of Small Causes, Chennai. These Civil Revision Petitions have also been filed by the tenant.

(3.) The brief case of the landlord is as follows: According to the landlord, the petitioner is a tenant under him in respect of the entire ground floor, excepting the common staircase portion leading to the upstairs of the petition premises on a monthly rent of Rs.9,500/-. The landlord purchased the petition premises in the month of January 2008 and the tenant had attorned tenancy in his favour and paid the monthly rent till December 2008. The tenant is carrying on Transport Business and also Commission Agency under the name and style of M/s.Shree Sai and Company and goods carriage permit stands in the name of the landlord. The landlord is doing the said business in the nearby premises bearing Door No.502/2, Thiruvotriyur High Road, Old Washermenpet, Chennai ­ 21, which is a rented premises. The tenancy in respect of the said premises stands in the name of the landlord's mother and he has been temporarily using the portion of the said rented premises for running the business. The landlord's mother is also carrying on her own business in the said rented premises and the respondent/landlord was asked to vacate the said rented premises. Therefore, the respondent had purchased the petition premises, which is situated at No.503, Thiruvotriyur High Road, Old Washermenpet, Chennai ­ 21. After the purchase of the petition premises, the landlord has been requesting the tenant to vacate the premises for his own use and occupation. However, the tenant has been evading the same. The landlord also offered the tenant to take the 1st floor of the premises, which is remaining vacant. However, the tenant did not agree for the same. According to the landlord, he is not occupying any other non-residential building of his own anywhere in the City of Chennai. In these circumstances, the landlord has filed the Original Petition in R.C.O.P.No.488 of 2009 for eviction on the ground of own use and occupation.