P SENNIAPPAN Vs. KANNAMMAL

JUDGEMENT

(1.) THE landlords/petitioners aggrieved against the order in appeal, have filed the above revision.

(2.) THE petitioners filed R.C.O.P.No.37 of 1989 on the file of the learned Rent Controller/District Munsif, Erode for eviction of the respondents/tenants under Section 10(2)(ii)(a), 10(2)(ii)(b) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960. According to the petitioners, the premises in question originally belonged to one Mrs.V.K. Nagarathinammal and the petitioners purchased the entire premises under two sale deeds dated 12.4.1989. THE first respondent was a tenant under the petitioners' vendor. She took the premises for the purpose of running textile business. It is claimed by the petitioners that the tenancy was attorned by the first respondent and so she has become the tenant under the petitioners.

(3.) THE petitioners filed a petition for eviction on the ground that they require the premises in question for carrying on their own business. In the petition it is stated that the first petitioners is doing business in textiles in the name and style of Bany Radha Textiles. THE second petitioner is also doing business in textiles in the name and style of Sivan Textiles. THE second petitioner is none other than the wife of the first petitioner. THE reason for eviction of the tenants from the premises in question is to carry on the said business of the petitioners, and the owner of the premises in which the petitioners are carrying on their business was insisting them to vacate the same. It is also stated that the petitioners are not having any other premises of their own. Before the Rent Controller, the petitioners came forward with the plea that the entire premises is a non-residential one. But, the Rent Controller on the basis of the evidence available on record found that the said premises was used both for residential and non- residential purpose. THE Rent Controller also found that the requirement of the petitioners for carrying on their own business in the premises in question is a bona fide one.