RAMASWAMY NADAR Vs. V S ALAGAR

JUDGEMENT

(1.) THE tenant is the petitioner in the above revision petition. THE landlord has sought for eviction of the petitioner - tenant under section 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as "the Act") on the ground that the building is required for the occupation of the landlord's father, who is not occupying any residential building of his own in the town. It is unnecessary to deal with the other details relating to the nature of the tenancy, monthly rent, etc., except adverting to the fact that the landlord is said to be in Canada and his father aged 72, a widower wants to settle at Srivilliputhur, so that during his last days he can visit and have darshan of Shri Andal temple at Srivilliputhur. It was also claimed that the father is a member of the family and therefore, the building is required for bona fide occupation.

(2.) THE tenant contested the claim on several grounds including that there are two other sons, that the request that the building is required for the occupation of the father is not bona fide and that the father in India could not be said to be the dependent of the son at Canada. THE petitioner also appears to have made a claim about effecting certain improvements spending his own money.

(3.) MR.Radhakrishnan, learned counsel appearing for the petitioner contended that the request made by the landlord cannot fall within the scope of section 10(3)(a)(i) of the Act, for the reason that to be a member of the family of the landlord, one should be either the spouse, son, daughter, grand-child or dependent parents and the father living in India cannot be said to be a dependent parent of the son staying overseas at Canada. It was also further submitted that the respondent is not the only son of his father and that he has two other sons, with whom he was living hitherto and therefore also, the father in this case cannot be considered to be a dependent of the respondent-landlord. The learned counsel took me at length through the orders of the authorities below as well as the relevant provisions of law to substantiate his claim.