Note of subsequent events can be taken but cannot be made basis for decision.

ORDER: The above civil revision petition has been filed against the fair and decretal order dated 5.11.1998 made in R.C.A.No.140 of 1995 by the Court of (Rent Control Appellate Authority (Principal Subordinate Judge), Madurai thereby confirming the fair and decretal order dated 5.9.1995 made in R.C.O.P.No.90 of 1988 by the Court of Rent Controller (Principal District Munsif), Madurai.

2. Tracing the history of the case, what comes to be known is that the petitioner herein is the landlady who filed R.C.O.P.No.90 of 1988 for eviction of the respondents on the ground of owner’s occupation and for demolition and reconstruction on averments such as that she let out the premises belonging to her to the respondents for running a cycle mart on a monthly rent of Rs.440 p.m.; that at the time of filing the petition, she was carrying on the business of medicine in a rented premises; that she wanted to shift her business to her own building and carry on the same; that she issued a lawyer’s notice dated 10.5.1987 to the respondents stating that she bona fide requires the premises for her own business; that further, due to acute water shortage in the building, she wanted to deepen the bore well; that since the existing bore well is situate within the petition premises and for deepening the bore well, the premises has to be demolished; that for this purpose also she needed the premises; that further, the premises is let out for non-residential purpose only and she is in need of the same to run her own business in medicine. On such averments, the petitioner would pray for the relief extracted supra.

3. In the objection filed by the respondents before the Rent Controller, besides generally denying the allegations in the petition, they would submit that the petitioner/landlady must prove, first of all, that on the date of filing the present application for eviction, she was carrying on business in wholesale medicine at door No.2/32J, Raja Mill Road, Madurai Town and that she bona fide requires the petition mentioned building for locating her business; that the said building belongs to the petitioner’s daughter; that no business as alleged in the petition is carried on in the said address; that the petitioner is neither experienced nor competent nor carrying on any business in her own name; that deepening the bore well can be done even without demolishing the floor; that the request of the petitioner for eviction on the ground of demolition and reconstruction is totally a misconceived one and devoid of any merit and the claim is not bona fide and the eviction sought for under these grounds cannot pass the tests of requirements as provided under the provisions of Rent Control Act and would pray to dismiss the above petition.

4. The learned Rent Controller, on the basis of the pleadings by parties, would frame 3 points on his own and would conduct a full trial in which on the side of the petitioner, she would examine one Venugopal as P.W.1 for oral evidence and would mark 17 documents as Exs.P-1 to P-17 for documentary evidence. Likewise, on the part of the respondents they would examine the second respondent as D.W.1 for oral evidence and would mark only one document as Ex.R-1, which is the rental receipt dated 12.3.1990. The learned Rent Controller, in consideration of both the oral and documentary evidence, would ultimately dismiss the petition on ground that the petitioner did not prove the grounds for eviction.

5. Aggrieved by the fair and decretal order passed by the Rent Controller, the petitioner has preferred an appeal in R.C.A.No.140 of 1995 on the file of the Rent Control Appellate Authority and the Principal Subordinate Judge, Madurai and the learned Appellate Authority, in consideration of the facts pleaded by the parties before the lower Court, would frame two points on his own for consideration and would discuss the same elaborately and ultimately concurring with the findings of the Rent Controller would ultimately dismiss the appeal,

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