Landlord having no other buildings of his own, his requirement is genuine.

All these revisions are by the respective tenants in the various rent control petitions filed by the respective landlords. Even though all the Rent Control Petitions were separately tried, since the matter relates to portions of the same building, and more or less a common defence was also taken by the revision petitioners, though separate orders have been passed by the Rent Controller as well as the Appellate Authority, when the matter came before this Court, in these Revisions, a common argument was taken by all the revision petitioners, which is a general defence taken in all these cases. Since all the matters were heard together, I intend to dispose of the same by this common order, though facts relating to various Revisions are separately extracted.

2. C.R.P. No. 450 of 1997 :

In this case, the landlord is one S.A. Akbar, who is the absolute owner of shop No. 6 in the ground floor of premises No. 5. Purusawalkam High Road, Vepery, Madras-7. The agreed rent is Rs. 600/-. and it is payable on the first of every succeeding month. It is said that the first respondent, i.e., first petitioner herein is a registered firm of which the other petitioners are the partners. It is alleged in the petition that the landlord is carrying on business under the name and style of Wali Snacks, in premises No. 3/7, Whannels Road, Egmore, Madras-8, which is a rented building. The property belongs to one Mrs. N. M. Thahira, who has issued a notice to the respondent herein, asking him to vacate the shop, since the building is required for demolition and reconstruction. For the above reason, the landlord sought eviction of the petitioners herein, for the purpose of shifting his business to the demised premises. It is further averred that he has no non residential building of his own within the City of Madras, for carrying on the business which is carried on in the rented building.

3. In the counter statement filed by all the revision petitioners, they contended that the eviction petition is not maintainable, and the same has been filed with an ulterior motive, in order to harass and intimidate them. It is further averred that since the petitioners refused to adhere to the exorbitant rent, advance and pagadi, eviction petition has been filed without any bona fide to force them to pay or satisfy their demands. It is said that the previous owner of the entire building is Messrs. Hotel Silver Star Private Limited. There are nine shops in the ground floor, and all the purchasers are either close relatives or near relatives of the previous owner. All the sale deeds have been executed only with a premeditated design to evict the tenants, if they failed to submit to the exorbitant demands of the landlord. It is said that all the correspondence relating to the purchase of the property, intimation from the previous owners, communication for collection of rent are also on a similar basis. The revision petitioner also received a letter on 1-12-1983 from an advocate by name M. K. Hidayathullah, directing them to pay the monthly rent to Hajee K. M. Mohammed Ali at No. 664, Poonamallee High Road. The same pattern and system has been followed in respect of other tenants also. In accordance with the desire of the landlord, rent was paid to the power of attorney with effect from 1-11-1983, as the landlord was then residing at Bombay. It is further said that all the purchasers of the ground floor are also having permanent residence at Bombay. It is further averred that the revision petitioner is doing business ever since 23-6-1971 on the specific understanding that their possession will not be disturbed, except for the fact that they should pay a reasonable enhancement in the rent payable by them. Based on the said assurance, substantial investments have been made by the respondent for purchase of furniture, fittings, interior decorations and investment for purchase of stock and materials. Originally the rent was Rs. 375/- and thereafter it was increased to