V DINESH KUMAR CHENNAI Vs. INDIRA BAI

JUDGEMENT

(1.) CHALLENGING order of Eviction on the grounds of Owner's Occupation and Wilful Default, Tenant has preferred these Revisions.

(2.) THE following points arise for consideration in these Revision Petitions:-

(3.) THE tenanted premises is Flat No.2, Block No.A1,(Old No.98/3), Shanthi Colony, Chennai. THE portion was let out to Respondent/Tenant in October 1998 purely for residential purposes. At the time of inception of tenancy, monthly rent was fixed at Rs.6000/- per month, which was subsequently enhanced to Rs.6,615/- per month. Petitioner/Landlady represented by her General Power of Attorney filed Eviction Petition in R.C.O.P.No.1399 of 2001 under Sections 10(2)(i) (Wilful Default); 10(2)(ii)(a) (Subletting); 10(2)(ii)(b)(Different Use); 10(2)(iii) (Acts of Waste) and 10(3)(a)(i)(Owner's Occupation) of the Tamil Nadu Buildings (Lease and Rent Control) Act (for short "the Act") against the Respondent and three other Respondents. THE Respondent alone contested the matter before the Rent Controller and Respondents 2 to 4 (Sub-lessees) were set exparte after notice being served on them at the petition premises. 4.2. Rent Controller ordered eviction on the ground of Owner's Occupation, Subletting and Acts of Waste. Aggrieved by order of eviction, Respondent/Tenant has preferred Appeal. Aggrieved by dismissal of Petition on the grounds of Wilful Default and Different Use, Petitioner/Landlady has also preferred Appeal. By common order, the Rent Control Appellate Authority (VIII Judge, Small Causes Court, Chennai) confirmed eviction on the ground of Owner's Occupation. Appellate Authority held that Tenant has committed Wilful Default and eviction was ordered on the ground of Wilful Default also. Eviction ordered on the grounds of Subletting and Acts of Waste was reversed by the Appellate Authority, which is challenged in these Revisions.