R TAMILSELVAM Vs. P THANGASWAMY

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Rent Control Appellate Authority, namely the VIII Judge, Court of Small Causes, Madras, in RCA No.71 of 2005 which arose from the order of eviction passed in RCOP No.426 of 2003 by the Rent Controller, namely the XII Judge, Court of Small Causes, Madras.

(2.) THE original landlord namely the husband of the first respondent herein, filed two petitions in RCOP Nos.425 and 426 of 2003 for eviction on the ground of additional accommodation stating that the premises bearing Old No.23, New No.107, Sundaram Pillai Nagar, Vaidyanatha Mudali Street, Ennore High Road, Tondiarpet, Chennai, belonged to him; that the respondents in the RCOPs were the tenants under him; that in the rear portion the family of the landlord is living; that his wife started a School under the name and style of Angels Baby Land in the first floor; that in the front portion, number of shops are situated; that six tenants are occupying the same; that out of six, two are the respondents in the main RCOPs; that originally, the said School had LKG, UKG, 1st 2nd and 3rd Standards; that thereafter, recognition was granted for Standards I to X; that every academic year, the strength has become increasing; that even for the purpose of keeping the library books and also for running the School, they do not have sufficient accommodation; that what is available with them in the first floor is insufficient, and hence, they decided to vacate all the tenants; that accordingly, it was informed to them; but, they were not amenable, and under the circumstance, it became necessary to file the said petitions.

(3.) IT is pertinent to point out that the respondent in the other RCOP No.425 of 2003 has brought forth a revision in CRP No.1862 of 2007. This Court, after hearing both sides, dismissed the revision on 10.7.2007, granting 9 months' time to the tenant.