LAWS(MAD)-1996-3-147

M SHANMUGAM Vs. C KANNABIRAN

Decided On March 26, 1996
M. SHANMUGAM Appellant
V/S
C. KANNABIRAN Respondents

JUDGEMENT

(1.) TENANT in R.C.O.P No. 13 of 1987, on the file of Controller-Cum-District Munsif, Arkonam is the revision petitioner.

(2.) EVICTION petition was filed by the first respondent herein on the ground that the petitioner herein has committed wilful default in paying the rent. He has also staled that the building is required for the owner's occupation. Further grounds of eviction are, unauthorised sub-letting and acts of waste alleged to have been committed by the tenant materially affecting the utility of the building.

(3.) IN so far as the ground of sub-letting is concerned, the case put forward by the first respondent is that the second counter petitioner in the eviction petition has been unauthorisedly inducted into the building where he is doing watch repairing business. It is said that the tenancy was with the petitioner herein, who was conducting a provision store. At present, he is not making use of the demised building and the same is in the possession of the second counter-petitioner to the eviction petition. It is further alleged by the landlord that the revision petitioner herein has committed acts of waste, which have materially impaired the utility and value of the building. It is further said that some changes have been made to the shop building which have affected the utility of the building.