C R SUBRAMANIAM Vs. N VASUDEVAN

JUDGEMENT

(1.) TENANT in R.C.OLP. No.8 of 1989, on the file of Rent Controller (District Munsif), Erode, is the revision petitioner.

(2.) RESPONDENT, landlord of the building, filed the petition for eviction on the ground that he needs the schedule premises for his own occupation. In his eviction petition, it is said that he is carrying on wholesale and retail business in hardware and paints under the name and style 'Karpal Steel Agencies' as sole proprietor in a rented premises at Door No. 134, Valayalkara Street, Erode Town from 1963. It is also said that he was also having a godown for storing articles in another rented premises in Door No. 136 in the same Street. His landlord, Yusuf, filed a petition for eviction, and the same was ordered. It is further said that the petitioner (landlord) vacated the rented godown and shifted it to No.7, Chokkanatha Gounder Street, Fort, Erode-1. It is said that the landlord of door No. 134 were harassing the petitioner to vacate the rented premises, and number of petitions were filed against him. They filed R.C.O.P. No. 93 of 1979 in the District Munsif s Court, Erode, and the same was allowed. Petitioner (N. Vasudevan) filed C.M.A. No.19 of 1981, on the file of Sub Court, Erode and the same was allowed. Landlords filed C.R.P. No.976 of 1982 before this Court. The Order passed by the Rent Controller was restored. Though an application for Special Leave was filed before the Honourable Supreme Court, leave was not granted, and the order of eviction became final, and time was granted till 31.3.1989 to surrender vacant possession of the premises. In obedience to the Order of the Honourable Supreme Court, the petitioner (landlord in the present revision) handed over possession of the building to his landlords.

(3.) THE concurrent findings of the Authorities below are assailed in this Revision under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act.