DHANALAKSHMI AMMAL Vs. PADMANABHAN

JUDGEMENT

(1.) This revision under S.25 of the Tamil Nadu Buildings(Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) has been filed by a landlady against a reversing judgment rendered by the appellate authority dismissing her petition filed under S.10(3) (c) of the Act- seeking eviction of the tenant.

(2.) The premises in question was purchased by the petitioner- landlady in the year 1980. The respondent-tenant attorned the tenancy to her and also gave an undertaking that he would vacate the premises as soon as he secured alternate accommodation. As he failed to vacate the premises, the petitioner filed a petition under S.10(3) (c) of the Act seeking his eviction on the ground that she required the leased portion by way of additional accommodation. While putting forth such a claim she averred that her mother-in-law, and four grandchildren of her mother-in-law born to a deceased daughter, would also be moving into her house and as such, she badly required the leased portion by way of additional accommodation.

(3.) The Rent Controller sustained the case of the petitioner and ordered eviction but on appeal by the respondent herein the appellate authority has gone off at a tangent and held that the petitioner-s mother-in-law and her daughter-s children cannot be considered members of the family of the petitioner and hence, eviction cannot be ordered for providing additional accommodation for them. It is the correctness of this order, that is challenged by the petitioner.