KOVILPILLAI NADAR Vs. TIRESHA AMMAL

JUDGEMENT

(1.) THE tenant is the revision petitioner. A petition for eviction was filed against him on the ground of owner's occupation. THE lower court dismissed the said petition. THE appellate court allowed the said petition and ordered eviction. Hence, the present Civil Revision Petition.

(2.) THE main point urged before me by learned counsel appearing for the revision petitioner is that admittedly, the respondent is carrying on business in the petition premises and the respondent seeks eviction for owner's occupation to accommodate his son for his residential purposes. According to learned counsel for the petitioner, the petition for eviction is not maintainable under the relevant provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In this connection, he relied upon the decision of this Court in Lakshmanan v. Hajee Alavudeen Saheb Sons (1980-1-MLJ 9), wherein this Court has held that since the premises in question was a non-residential premises and since the claim of the landlord was for residential purposes, the landlord was not entitled to evict the tenant. He also relied upon the dictum laid down by this Court in Padmavathy Ammal v. Manickam (1981 I MLJ 359), which runs as follows:

(3.) IN the result, the Civil Revision Petition is dismissed. The order passed by the Appellate Authority is confirmed. The tenant seeks time to vacate the premises. Six months' time is granted to the tenant on the following two conditions:- (1) The tenant shall vacate without driving the landlord into Execution Proceedings. (2) He shall not induct any other third party into the premises. It is claimed by him that "Asir Lorry Booking Office" is the business of the petitioner-tenant. Therefore, the person, whoever is found to be in possession by the Commissioner alone shall be allowed to continue till the tenant vacates within the time granted. These two conditions shall be incorporated as an undertaking in the affidavit to be filed by the petitioner-tenant within four weeks from today. IN default of filling such an affidavit, the landlord shall be entitled to proceed with the Execution forthwith. No costs.