RAVINDRA RAO Vs. RAMAN

JUDGEMENT

(1.) THE tenant is the petitioner in this revision. The respondent/landlord has filed R. C. O. P. No. 9 of 2002 against the petitioner herein before the learned Rent Controller (District Munsif), Tambaram for eviction under Section 10 (3) (a) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act on the ground of owner's occupation. By an order dated 26. 9. 2003, the above referred Rent Controller dismissed the said application filed by the respondent herein. Aggrieved against the same, the respondent herein preferred an appeal in R. C. A. No. 33 of 2003 before the Rent Control Appellate Authority (the Principal Subordinate Judge), Chengalpattu. The learned Rent Control Appellate Authority referred to above by his order dated 5. 11. 2004 set aside the order passed by the Rent Controller and allowed the appeal thereby ordering the eviction of the petitioner herein. Challenging the said order, the present revision has been filed by the petitioner/tenant.

(2.) FOR the sake of convenience, the petitioner in this revision is hereinafter referred to as "the tenant" and the respondent as "the landlord".

(3.) THE case of the landlord as put forth by him before the Rent Controller was that the tenant was inducted in the petition premisses on a monthly rent of Rs. 1,300/ -. After the demise of his son, to avoid loneliness, he along with his wife joined with his daughter and son-in-law in the flat owned by his daughter at Besant Nagar, Chennai. The landlord, who was aged 77 years at the time filing the petition, is suffering from filaria. The flat of the landlord's daughter is situated in third floor and due to frequent power shut down, he is not able to use the lift in the apartment and further, he is unable to move for emergent medical attendance as and when he requires. Further, there is no sufficient accommodation in his daughter's flat where his son-in-law and grand children are living. Apart from discomfort and inconvenience those existed in the flat of the landlord's daughter, the landlord wants to live and spend his last days of life in the house earned by him. He also wants to live salubriously with the gifts of nature, such as free air and light available in the petition premises. Though the tenant has agreed to vacate the premises, since he has not kept his premises, the landlord was constrained to file R. C. O. P. NO. 9 of 2002 before the Rent Controller for eviction of the tenant.