Landlord proved the required shop bonafide for his own occupation.

(Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the judgement and decree dated 21.2.2002 and made in R.C.A.No.503 of 1997 on the file of the Rent Control Appellate Authority (VII Judge, Small Causes Court), Madras, confirming the order and decretal order dated 1.4.1997 passed in R.C.O.P.No.816 of 1993 on the file of the Rent Controller (XII Judge, Small Causes Court), Madras.)

The Revision Petitioners are the landlords. The landlords, who were unsuccessful before the learned Rent Controller (XII Judge, Small Causes Court), Madras in seeking an order of eviction of the respondents/tenants from the petition premises, in filing the Rent Control Original Petition No.816 of 1993, on the ground of own use and occupation by way of additional accommodation, under the order dated 1.4.1997 and as confirmed by the learned Rent Control Appellate Authority (VII Judge, Small Causes Court), Madras in R.C.A.No.503 of 1997 as per judgement dated 21.2.2002, have filed this Civil Revision Petition.

2. Hariprasad Joshi, the husband of the 1st revision petitioner and father of the revision petitioners 2 and 3, filed the Rent Control Original Petition seeking eviction of the respondents from the petition premises, namely, non-residential shop portion in the ground floor, bearing Door No.13 (Old No.149), Nyniappa Naicken Street, Madras-600003, to an extent of 740 square feet (40 feet x 18-1/2 feet) let out to the 1st respondent, namely, M/s. Pioneer Surgical Company, a partnership firm, of which the respondents 2 and 3 are the partners, who are father and son. It is stated in the Rent Control Original Petition that the respondents are carrying on their business in the ground floor of the premises bearing old No.149, New No.13, Nyniappa Naicken Street, Madras-600003 as tenants under the said Hariprasad Joshi/landlord. The said Hariprasad Joshi was residing in the second floor of the premises No.13, Nyniappa Naicken Street, Madras-3, and was carrying on business in Hardware, Iron and Steel having its office in the second floor of the said premises No.13, and also in the premises bearing door No.14, Veerappan Street, Sowcarpet, Madras-600079, wherein the said Hariprasad Joshi was having his sales office and also a small godown in the ground floor, measuring about 180 square feet. The godown is not sufficient, since there has been increase in the business, and further, Veerappan Street Sowcarpet, Madras-79 is not a hardware market area, while the petition premises is very near to Kandasamy temple, which is well known for hardware market. The premises bearing door No.14, Veerappan Street, Sowcarpet, Madras-79, is a rented premises. The said Hariprasad Joshi had been carrying on the said hardware business under the name and style of Swathi Industrial Corporation, in partnership with his sister's son Sridhar Bhat. Though the respondents/tenants promised to vacate the petition premises, they have failed to do so. In the petition premises there are other portions occupied by tenants, but those portions are very small and it is not possible to stock the hardware materials, like rods, etc. The petition premises occupied by the respondents/tenants is a big one, and most suitable for the landlord's hardware business, which consists of rods, angles, sheets, etc.

3. During the pendency of the Rent Control Original Petition and after examined himself as P.W.1, Hariprasad Joshi died, the petitioners 2 to 4 have been added as his legal representatives.

4. The Rent Control Original Petition was resisted by the respondents/tenants in the counter. It is stated that the petition premises is a shop situated in the ground floor, measuring 660 square feet, wherein the respondents have established a surgical instruments trade business, which is very famous throughout Tamil Nadu. It is denied by the tenants that the landlord is carrying on business in the second floor of the petition premises. T