LAWS(MAD)-2008-12-389

ESWARAN Vs. THANGAVEL MAISTRY

Decided On December 16, 2008
ESWARAN Appellant
V/S
Thangavel Maistry Respondents

JUDGEMENT

(1.) THE petitioner is the landlord. The respondent is the tenant in the demised premises and the same is admeasuring 8 x 7 feet. The petitioner filed the petition for eviction under Sections 10(2)(1) and 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (in short 'the Act'). One is on the ground of wilful default and another is that the premises are required for own occupation.

(2.) IN the counter, the allegations in the petition are denied and it is stated that the petitioner's requirement is not bona fide.

(3.) THE learned Rent Controller rejected the claim of the landlord on the ground of wilful default, but accepted his contention as regards the personal occupation and passed an order of eviction directing the respondent herein to vacate the premises within two months from the date of that order. Aggrieved against the said order, the tenant preferred appeal in R.C.A.17 of 2000 on the file of the Sub -Judge, Tanjore. The learned appellate authority allowed the appeal rejecting the plea taken by the landlord with respect to the personal occupation of the landlord. Hence, the landlord has carried the matter in revision before this Court.