LAWS(MAD)-2018-2-848

P.R.K. BHASKARAN Vs. ZAHIR HUSSAIN

Decided On February 05, 2018
P.R.K. Bhaskaran Appellant
V/S
ZAHIR HUSSAIN Respondents

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 05.08.2015 made in E.P.No.159 of 2015 in R.C.O.P.No.813 of 2014 on the file of the XIII Small Causes Court, Chennai.

(2.) The petitioner is tenant and respondent is landlord. The respondent filed R.C.O.P.No.813 of 2014 on the file of the XIII Small Causes Court, Chennai, for eviction of the petitioner from the entire ground floor portion of the petition premises bearing door No.2/2, Ranganathan street, T.Nagar, Chennai-17, measuring 130 sq.ft. on the ground of cease to occupy.

(3.) According to the petitioner, the landlords for the said premises are four persons namely, A.Mohammed Yusuf Khan, Zeauddin, A.Sarbuddin and A.Zahir Hussain/respondent herein. The respondent along with other three owners already filed R.C.O.P.No.401 of 2004 on the file of the XII Small Causes Court, Chennai, against the petitioner for eviction on the ground of additional accommodation. The petitioner is contesting the same. Along with the petition premises, there is another portion measuring 50 sq.ft., which is adjacent to the petition premises and for both the portions, there is only one shutter. The petitioner is carrying on business in the name and style of 'Leo coffee'. The respondent, who is one of the co-owners, by manipulating the records, filed the present R.C.O.P.No.813 of 2014 for eviction of the petitioner on the ground that the petitioner has ceased to occupy the petition premises.