A.R.SHERIFF AHAMED (DIED) Vs. G.BALASUBRAMANIAM

JUDGEMENT

(1.) The instant civil revision petition has been filed under section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, challenging the order dated 02.08.2013 passed in RCA.No.20 of 2012 by the learned Subordinate Judge and the Rent Control Appellate Authority of the Nilgiris at Udhagamandalam reversing the order dated 05.10.2012 passed by the Rent Controller, Udhagamandalam in RCOP.No.2 of 2011. Brief facts leading to the filing of the instant revision are as follows:

(2.) One A.R.Sheriff Ahamed was the landlord who filed RCOP.No.2 of 2011 before the Rent Controller at Udagamandalam against the respondent who was his tenant. RCOP.No.2 of 2011 was filed for eviction of the respondent from the petition schedule premises which is a non-residential portion bearing door No.140, located in Commercial Road, Udagamandalam Town, within Udagamandalam Municipality comprising of the ground and first floor. The tenanted portion consists of one room in the ground floor and half of the first-floor room, with an internal passage, having an area of approximately 450 sq. ft. in all hereinafter referred to as the rented premises. RCOP.No.2 of 2011 was filed on the ground of willful default and owners occupation under Section 10(2)(i) and 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act hereinafter referred to as 'the Act'.

(3.) According to A.R.Sheriff Ahamed, the original landlord/first petitioner, the monthly rent payable by the respondent for the rented premises is Rs.10,500/-. But the respondent is a chronic defaulter in the payment of the rent and as on date of filing of the petition, a sum of Rs.72,000/- calculated up to 31 January 2011 was due and payable by the respondent towards arrears of rent. As regards the owners occupation, A.R.Sheriff Ahamed, the original landlord has stated in the petition that the rented premises is required for his younger son named Altaf Hassan, the fifth petitioner herein who is an Advocate by profession for setting up his law office at Ooty.