Order

The appellant is the tenant of a non-residential building of which the respondent is the landlord. The respondent filed an eviction petition in the court of the Rent Controller, Chengalpattu on two grounds, i.e. (1) wilful default in payment of rent by the appellant and (2) bonafide personal requirement of the landlord for the purpose of setting up his son’s business.

2. On a perusal of the evidence, the learned Rent Controller held that there was no wilful default in payment of rent and also that the landlord had not established his bonafide personal requirement. Vide order dated 22.11.1990, the eviction petition was, therefore, dis­missed. The respondent challenged the order of the Rent Controller before the appellate authority. The appellate authority agreed with the Rent Controller that there was no wilful default in payment of rent on the part of the tenant but held that the ground of bonafide personal requirement had been established by the landlord and passed an order of eviction, setting aside the order of the Rent Controller vide judgment dated 31.1.1992. The order of the appellate authority was put in issue by the tenant through civil revision petition No. 863/92 befo