B. RAMACHANDRAN Vs. B. JAYARAMAN

JUDGEMENT

(1.) The tenant is the revision petitioner He suffered eviction on the ground of wilful default and owner's occupation.

(2.) Both the Courts have concurrently held that the tenant has committed wilful default. The requirement of the landlord for owner is occupation is bona fide. In view of the concurrent findings, I do not want to interfere; with in this revision. In fact, admittedly, rent was not paid from Oct., 1984 to July, 1983. The explanation given by the tenant in that' there is some practise that he used to pay rent once in a year. But, he would admit that; the landlord has been demanding payment of rent every month for which his reply was that he will pay once in a year i.e., at the time of Deepavali. On an appraisal of the evidence and the documents filed, the authorities below have concur held that the need of the premises by the landlord for owner's occupation is bona fide. Therefore, I confirm the findings of the Courts below, and dismiss the revision petition.

(3.) The Civil Revision Petition is dismissed. The tenant seeks six months time to vacate the premises, saying that he has been in the premises from 1957. Therefore six months time is granted for vacating the premises. The tenant shall vacate the premises without driving the landlord to file execution petition and on further condition that the tenant files affidavit in this Court with a copy to the other side that he shall vacate the premises within six months and such an affidavit shall be filed within four weeks from today. In default of filing the affidavit within four weeks, the landlord shall be entitled to execute the order of eviction forthwith. No costs. Consequently, C.M.P 13100/91 is also dismissed. Revision dismissed.