MOOKKAN Vs. A ABDUL RASHEETH DECEASED

JUDGEMENT

(1.) THE tenant is the revision petitioner herein. THE respondent/landlord filed R.C.O.P.No.88 of 1985 on the file of the learned Rent Controller (Principal District Munsif) Madurai, under Secs.10(2)(1) and 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the Act, on the ground that: (i)"the revision petitioner has committed wilful default in payment of rent for 27 months from November, 1984 to February, 1985, and (ii)"the petition premises is bona fide required by the respondent/landlord for additional accommodation for residential purpose.

(2.) THE respondent/landlord did not press the alleged ground of wilful default before the learned Rent Controller, and therefore, the grievance of the respondent/landlord as to the additional accommodation alone was considered by the authorities below.

(3.) IT is relevant to mention that, in the appeal, the revision petitioner/tenant also prayed to take notice of the subsequent events that one shop of the same premises became vacant, which was, in fact, occupied by the respondent/landlord for starting a petty shop.