G MANOHARAN Vs. K A LAKSHMANAN

JUDGEMENT

(1.) TENANT in R.C.O.P. No. 35 of 1984, on the file of District Munsif's Court, Mayiladuthurai, is the revision petitioner.

(2.) RESPONDENT herein filed a petition for eviction of a residential building, under Sec. 10 (3) (a) (i) and (c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, i.e. , he wanted the building in question bona fide for his own occupation and also as additional accommodation. It is averred in the eviction petition that the schedule building belonged to his father Abatharanam Chettiar and that he executed a Will on 1-6-1983 whereby he bequeathed the schedule property in favour of the landlord. It is further averred that the landlord is now residing in a building which is not sufficient for his family, since he is residing with other members of the family. He made many demands to the tenant to vacate the premises, but were of no avail. Hence he filed the eviction petition.

(3.) RENT Controller took oral and documentary evidence, and came to the conclusion that the landlord cannot get an order of eviction either on the ground of additional accommodation or bona fide own occupation. In so far as the ground of additional accommodation is concerned, RENT Controller found that the landlord is not in possession of any portion of the building and that he is residing away from the schedule building. If that was so, the petition will not lie for additional accommodation. In so far as the requirement for own occupation is concerned, the finding was that it lacks bona fides, and the landlord has other buildings of his own, Consequently, the eviction petition was dismissed.