LAWS(MAD)-1998-2-43

V T ASOKAN Vs. BOWJIYA BEGUM

Decided On February 19, 1998
V.T. ASOKAN Appellant
V/S
BOWJIYA BEGUM Respondents

JUDGEMENT

(1.) THE respondents in the eviction petition are the revision petitioners. THEir eviction was sought on the ground of owner's occupation and unauthorised sub-letting.

(2.) THE case of the respondent herein as set out in the petition in R.C.O.P.No.18 of 1995 before the Rent Controller, Nagapattinam, was as follows.

(3.) MR.D. Murugesan, learned counsellor the revision petitioners, submitted that the respondent had not established sub-letting by the first revision petitioner in favour of the second revision petitioner, that the requirement of the respondent's husband for starting his own business was not bona fide, particularly having regard to the subsequent development, that in respect of the adjacent property proceedings in eviction were taken in R.C.O.P.No.19 of 1995 before the Rent Controller and a compromise was entered into between the parties, under which the respondent got possession of the said premises and if this subsequent development was taken into consideration, the eviction petition was liable to be dismissed. The learned counsel also submitted that the Appellate Authority had not considered the relative hardship. The learned counsel in support of his contention relied on the following decisions.