GAJENDRA SHA Vs. M GOVINDARAJAN

JUDGEMENT

(1.) THE civil revision petition is against the order dated 19. 12. 1989 in R. C. A. No. 34 of 1988, on the file of the learned VII Judge, Court of Small Causes, Madras, reversing the order of eviction passed in R. C. O. P. No. 3668 of 1985, dated 11. 12. 1987, on the file of the IX Judge, Court of Small causes, Madras.

(2.) THE eviction petition was filed under Sec. 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 (own occupation ). THE landlord's petition was ordered by the Rent Controller. However, the appellate authority has dismissed the same. Hence the landlord has filed the civil revision petition in this Court.

(3.) AS has been indicated by the Supreme Court, what is necessary is that there should be a bona fide need. But we have found earlier that the business of the petitioners, namely electrical goods business is flourishing one in a street which is well-known for such business. It is highly impossible to appreciate that such a flourishing business will be shifted to a narrow lane, especially when there is no threat of eviction and the accommodation is much more than what landlord is going to get in the petition building. Hence, in my opinion there is no bona fide in the claim of the petitioners for eviction. Hence, the civil revision petition is dismissed. However, there will be no order as to costs. .