MANGALAMBAL Vs. ANJALI DEVI

JUDGEMENT

(1.) LANDLADY who lost her case before the Appellate authority, has come to this Court, challenging the legality and propriety of the judgment of the Appellate Authority.

(2.) EVICTION petition was filed against the tenant on the ground that the building is required for the occupation of the landlady's daughter, Bhanumathi, who needs regular treatment and constant attention by her parents. The present space is insufficient to accommodate Bhanumathi and, therefore, the portion in the occupation of the tenant is required for the additional accommodation of the revision petitioner/landlady.

(3.) SECTION 10 (3) (c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 reads thus:- "a landlord who is occupying only a part of a building, whether residential or non-residential, may, notwithstanding anything contained in Clause (a), apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for residential purposes or for purposes of a business which he is carrying on, as the case may be. " On a reading of this SECTION, I do not think that the finding of the Appellate Authority could be accepted.