JANAKIDOSS DWARAKANI Vs. B SATYAVATHI

JUDGEMENT

(1.) THE unsuccessful tenant in R. C. O. P. No. 456 of 1982 on the file of the learned Rent Controller (13th Judge, Court of Small Causes), Madras and in the appeal in R. C. A. No. 892 of 1984 on the file of the appellate authority (III Judge, Court of Small Causes), Madras in the petitioner in c. R. P. No. 4205 of 1985 and similarly the unsuccessful tenant in R. C. O. P. No. 521 of 1982 and in the appeal in R. C. A. No. 911 of 1984 is the petitioner in both these cases.

(2.) THE respondent/landlady filed two petitions inr. C. O. P. Nos. 456 of 1982 and 521 of 1982 under S. 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for eviction of the two tenants, who are the petitioners in these two revision petitions, in respect of their respective sheds in old Door Nos. 31/5 and 31/5l and new door No. 6 Sattanna Naicken Street, Choolai , Madras-12 on the ground of owner's occupation for non-residential purposes on the following grounds; THE revision petitioners are tenants paying a monthly rent of Rs. 565 and Rs. 650 respectively for non-residential purposes. THE landlady's son is carrying on business in timber in partnership under the name and style of M/s. Jeeva Jyothi Timbers in a rented premises bearing Door No. 226, Syednhams Road, Madras and he is not possessed of any other non-residential premises of his own in the city of Madras and therefore the landlady requires the petition premises under the occupation of the tenants bona fide for the purpose of her son.

(3.) LEARNED counsel for the petitioner further contended that the requirement of the landlady is not bona fide. According to the landlady, her adopted son P. W. 2 is carrying on a partnership business under the name and style of Jeeva Jyoti Timbers in a rented premises bearing door No. 226 Sydenhams Road , Apparao Gardens , Madras-112. P. Ws. 1 and 2 have categorically spoken about the business carried on by P. W. 2 in partnership with some others. Reliance was placed on Exs. P. 12, P. 13, P. 14, p. 17 and P. 18. It is seen that Ex. P-13 is the partnership deed dated 19-8-81 and Ex. P-14 is the property tax receipt issued by the Corporation of Madras in respect of door No. 226, Sydenhams Road in which it is mentioned that one K. Apparao is thename. On the basis of the said evidence the authorities below concurrently found that p. W. 2 is carrying on a partnership business in the said rented premises under the name and style of Jeeva Jyothi Timbers. Apart from that Ex. P-20 was filed as an additional document before the appellate authority to show that the partnership busines has been dissolved and'p. W. 2 has become the sole proprietor of the same. Therefore the fact that the landlady requires the premises for the purpose of personal occupation for the benefit of P. W. 2 cannot be disputed and therefore the requirement of the landlady is certainly a bona fide one. However the tenants contended that the petition buildings are not fit for the timber busines as lorried cannot enter the same. It is a matter in which the tenants cannot have a say and it is for the landlady to decide as to the suitability of the buildings for the purpose of the business carried on by P. W. 2.