THANGAM Vs. P K MADHAVAN

JUDGEMENT

(1.) THIS revision petition has been filed by a landlady whose petition under section 10(3)(a)(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Act, for eviction of the respondent-tenant was dismissed by the Rent Controller and the said order of dismissal was confirmed by the Appellate Authority.

(2.) IT is common ground that the ground floor of the building owned by the petitioner has been rented out to third parties and that the petitioner and the other members of her family including her son are living in the first floor. Independent of the main building, there is a shed or structure, which has been leased out to the respondent on a monthly rent of Rs.80/-. IT is stated that the respondent is carrying on the business of a camera mechanic.

(3.) THE respondent resisted the petition and contended that there is a space of 3- feet near the stair-case in the main building and the petitioner-s son can conveniently make use of that space for parking his scooter.