S ELUMALAI Vs. J VISALAKSHI AMMAL (DECEASED)

JUDGEMENT

(1.) This revision has been filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, (hereinafter referred as "the Act") against the fair and decreetal order in R.C.A.No.714 of 1998 dated 09.06.2005 of the learned VIII Judge, Small Causes Court, Chennai.

(2.) The petitioner is the tenant and the 1st respondent is the landlord. The factual matrix of the case is that the 1st respondent herein had filed R.C.O.P.No.2338 of 1996 on the file of the learned XII Judge, Small Causes Court (Rent Controller), Chennai, seeking eviction of the petitioner on two grounds under Section 10(2)(ii)(a) and Section 10(3) (a) (iii) of the Act for subletting and the owner's occupation, respectively.

(3.) The Rent Controller had dismissed the prayer with reference to subletting, which was confirmed by the Appellate Authority. This portion of the order attained finality as it was thereafter not challenged by the Landlord. Therefore, the issue in hand, is only the order directing eviction on the ground of owner's occupation. The petition premises is an non-residential one.