The comparative hardship to the Tenant and the Landlord's advantage must be considered in cases of eviction for additional accommodation.

(Civil Revision Petition, filed under Sec.25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the order of the Principal Subordinate Judge, Dindigul dated 08.11.2002 in R.C.A.No.20 of 1999, as stated therein.)

This Civil Revision Petition is preferred against the Order of the Rent Control Appellate Authority / Principal Subordinate Judge, Dindigul dated 08.11.2002 in R.C.A.No.20 of 1999 reversing the fair and decretal order of the Rent Controller (Principal District Munsif), Dindigul dated 01.10.1999 in R.C.O.P.No.25 of 1997. The Petition filed by the Revision Petitioner / Landlady under Sec.10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the "Rent Control Act") for additional accommodation was dismissed by the Rent Control Appellate Authority. The Revision Petitioner is the Landlady.

2. The Tenanted Building is Door No.5 in Big Bazar Street (bghpa fil tPjp) Dindigul Town. Case of the Revision Petitioner / Landlady is that the Petition Property and Door No.6 (situated on the South and Eastern Side of Door No.5) belonged to one Umadevi. The Revision Petitioner / Landlady has purchased the Petition mentioned property from the said Umadevi and others by Sale Deed dated 29.09.1995 for Rs.4,85,000/-. The Respondent / Tenant is a Tenant in Door No.5. He is running Stationery Stores. In Door No.6, the Revision Petitioner / Landlady is in occupation of the same as Owner. She and her family members are doing the business in Perfumes and Raw-materials for Bakery, Sauce and others. Without any reason, the Respondent / Tenant has filed R.C.O.P.No.54 of 1995 and deposited the rent for Door No.5 into the Court. The space in Door No.6 is not sufficient for carrying on the business by the Landlady. The Door No.6 is about 4 ½ Feet breadth - North South, which is used as the Pathway. The portion in Door No.6 is highly congested. The perfumes and other business goods are to be dumped in Door No.6. The available space in Door No.6 is absolutely insufficient to carry on the business of the Landlady. More space would be required by the Petitioner / Landlady. Hence, the Petition was filed under Sec.10 (3)(c) of the Rent Control Act for additional accommodation.

3. Denying the bonafide requirement of the Landlady, the Respondent / Tenant has filed the Counter Statement stating that his Father had taken the premises under lease in the year 1962. After his Father, the Respondent / Tenant is running Stationery Stores in Door No.6. Vendor – Umadevi and her Husband had executed the Sale Deed in 1995 in favour of the Petitioner / Landlady only to threaten the Respondent / Tenant to evict him. Hence, the Respondent / Tenant has filed O.S.No.751 of 1995 on the file of the District Munsif Court, Dindigul for Permanent Injunction, restraining the Landlady from interfering with his possession and occupation. The Respondent / Tenant has also filed R.C.O.P.No.54 of 1995 for depositing the rent payable to Door No.5, the Respondent is regularly depositing the rent in the Court. The Petitioner / Landlady and her family Members are owning yet another shop in Big Bazaar Street. That apart, they are owning Eight more shops in Nanniammal Pettai. Since the Petitioner / Landlady owns other shops, there is no bonafide requirement in filing of the Petition for additional Accommodation.

4. Before the Rent Controller, onbehalf of the Petitioner / Landlady, Exs.P.1 to P.9 have been marked. P.Ws.1 and 2 examined. Onbehalf of the Respondent, Ex.R.1-Rent Receipts issued by the previous Predecessor in Title viz., Saraswathi Ammal was marked. The Commissioner's Report and Plan were marked as Exs.C.1 and C.2. Upon consideration of the evidence, learned Rent Controller accepted the case of the Revision Petitioner and found bonafide requirement of the Petitioner / Landlady for additional accommodation. Finding that the additional accommodation is very much required for carrying on business by the Peti