FAKIR MOHIDEEN Vs. HABIBUNNISSA

JUDGEMENT

(1.) IN both these revisions, tenant is the revision petitioner. C.R.P: No.890 of 1995 arises from R.C.O.P. No.977 of 1990, on the file of IV Judge, Small Causes Court at Madras. The said eviction petition was filed by the landlady alleging that the building is required for the bona fide own occupation of her newly married son, who was examined as P.W.1 in this case. The other revision, namely, C.R.P. No.3444 of 1991 is against R.C.O.P. No.3320 of 1985, which is an application for fixation of fair rent filed by the landlady. The agreed rent was Rs.175. Rent Controller fixed the fair rent at Rs.1,638 per mensem. When the matter was taken in appeal, by tenant as well as landlady, fair rent was fixed at Rs.1,408.

(2.) IN the eviction petition, the case of the landlady is that she needs the building bona fide for her own occupation, in the sense that her son who is a member of the family got married recently. The son has no other building of his own and, therefore, she requires the building for the residence of her newly married son.

(3.) THE main question to be considered in this case is, whether the claim of the landlady is bona fide or not.