VASUMATHI H SHAH Vs. PUSHPA RAJU

JUDGEMENT

(1.) Aggrieved over the finding of the appellate authority in setting aside the eviction Order passed by the Rent Controller, the present revision has been filed.

(2.) Brief facts leading to filing of this revision is as follows :

(3.) The first respondent filed a counter. It is her contention that she was carrying on business of running art gallery in the petition premises prior to December 2000 and monthly rent was Rs.6,300/-, In December 2000, the first respondent desired to carry on business in fast food restaurant. She approached the petitioner for her consent as the municipal authorities required no objection from the landlord. The petitioner had given no objection to carry on fast food restaurant and rent was enhanced to Rs.8000/- from October 2000. Thereafter, the petitioner issued no objection letter on 04.12.2000. The respondent also paid enhanced rent demanded by the petitioner and continuously paying the same. The respondent had obtained license from the Commissioner of Police, Chennai and also paid the Corporation taxes. Further, there is no person by name Muthukrishna Chettiyar and the entire business was run by the first respondent. It is also denied that the first respondent had demolished the entire structure without any permission. Only after getting permission from the petitioner, she has put up sump in the petition premises for her hotel business. The petitioner had also given a letter dated 14.05.2016 for the above purpose. There was no notice dated 27.10.2004. In fact notice dated 26.10.2004 was properly replied.