BROOKE BOND INDIA LIMITED Vs. R RAGHAVAN

JUDGEMENT

(1.) THE tenant Messrs.Brooke Bond India Limited who lost before both the authorities below, is the revision petitioner.

(2.) RESPONDENT herein filed the eviction petition for eviction on the ground that the building is required by him for bona fide own use. It is averred in paragraph 3 of the eviction petition that he is the owner of the building. Even though the petitioner (in the eviction petition) owns other buildings, all of them are tenanted. He is running a partnership business along with his other family members Besides that, he is also having money-lending business. For the purpose of the partnership business and also for the money-lending business, he wants the scheduled building. It is said that the petitioner is not having in his possession any other building which is suitable for the said purpose. It is further averred that various demands were made to the tenant, petitioner herein, and they promised to vacate the demised premises provided some time was given. On that assurance, one year time was given. Of course, at that time, they volunteered to pay an increased rent. But even after the expiry of the time granted, the tenant did not vacate. It is further averred in the eviction petition that to preempt the attempt of the landlord to get eviction, tenant has filed a petition before the Rent Controller, as R.C.O.P. No.490 of 1979, seeking permission to deposit the rent into court. The (rent control) petitioner, therefore, prays that he may be allowed to get possession of the building in question, for the purpose of his own use.

(3.) THE Rent Controller, after taking evidence, came to the conclusion that the landlord is entitled to get eviction. But the question of bona fides was not considered. Rent Controller was of the view that in respect of a non-residential building, if the requirement is proved, bona fides are not material. He came to the conclusion that the demand made by the landlord justifies eviction.