A.M. STEEL TRADERS, REP. BY ITS PARTNERS A.M. ISMAIL AND TWO OTHERS Vs. S.M.M. MOHAMMED FATHIMATHU ZOHRA AND SEVEN OTHERS

JUDGEMENT

(1.) The tenants aggrieved against the order passed by the learned Appellate Authority, has tiled the above Revision. The landlords filed a petition in R.C.O.P. No. 1272 of 1987 on the file of the learned XVI Judge, Court of Small Causes, Madras, for evicting the tenants under Sec. 10(3Xl)(iii) of the Act 18 of 1960. According to the landlords, the first petitioner's son started the business under the name and style of Jasma Steel Corporation in steel and hardware and they have been carrying on the business in the first floor of the premises bearing door No. 78, Sembudoss Street, Madras - 1. According to them, taking into consideration or the nature of the business, the room occupied by them in the I floor is not sufficient and convenient and they are finding it very difficult to carry on their day -today business there. The ground floor of the premises occupied by the tenants is sufficient for carrying on the business effectively and conveniently. It is also further stated that the tenants are owning their property at No. 20, Appu Maistry Street, Madras - 1. On the abovesaid pleadings the landlords sought for eviction of the premises for carrying on the business of the children of the first petitioner. They have also stated that the children do not possess, any other premises of their own. This petition was resisted by the tenants by filing a detailed counter. In the counter it is stated that it is only as a counterblast to the earlier proceedings in R.C.O.P. No. 5086 of 1982 filed by the landlords for fixation of fair rent. In the said R.C.O.P. fair rent was fixed at Rs. 71.2A from Rs. 962/ - which was confirmed by the High Court. It is further stated that the petition for eviction is filed in a vindictive fashion only to extract enhanced rent from the tenants. It is also stated that the I floor of the petition premises remains vacant for a very long time and even subsequent to the filing of the petition, if die landlords had really wanted die petition premises in question to shift the business of their son, the petitioners would have occupied I floor of the petition premises. It is further stated mat the landlords own several other commercial properties in the city of Madras and those places are better suited for the business. On the above pleadings, the tenants prayed for dismissal of die eviction petition. The learned Rent Controller in his order dated 22.11.1990 accepting the case of the tenants, rejected the petition for eviction. Aggrieved against the same, the landlords filed Appeal in R.C.A. No. 590 of 1992, on the file of die appellate Authority/VIII Judge, Court of Small Causes, Madras. The Appellate Authority found that the requirement of the landlords for the occupation of their children of die premises in question is nothing but bona fide and on that basis set aside the order of the Rent Controller and allowed the appeal. Aggrieved against die same, the tenants have filed the above Revision.

(2.) The only point to be decided in this case is whether the requirement of the landlords of die premises in question for the conducting of the business of their children is a bona fide one. The children for whom die premises is sought for were carrying on their business in name and style of Jasma Steel Corporation originally in the III floor of the premises bearing door No. 7, Sembudoss Street. They occupied an area of 120 sq.ft. Admittedly the said premises is owned by the landlords. In 1985 they have shifted their place of business to the I floor of the premises at No. 78, Sembudoss Street, Madras - 1. They occupied an area of 150 sq.ft. From the evidence it can be seen that they had been paying rent at Rs. 125/ - per month.

(3.) It is also relevant to mention here that the agreed rent between the parties to the premises in question was Rs. 900/ - per month. The landlords filed the R.C.O.P. No. 7086 of 1982 under Sec. 4 of the Act claiming fair rent at Rs. 2037/ - per month. The Rent Controller in his order dated 30.8.1983 fixed the fair rent in his order dated 30.8.1983 at Rs. 712/ - per month, which is less than the contractual rent. The landlords filed appeal in R.C.A. No. 1528 of 1983 which was dismissed on 21.11.1984. Thereafter they filed further revision in this Court and even that Revision was dismissed in 1986.