Petition for eviction from non-residential premises for residential purposes not sustainable.

ORDER: This civil revision petition has been filed by the tenant, as revision petitioner, against the judgment and decree, dated 1.8.2000 and made in R.C.A.No.395 of 1997, on the file of the VII Judge, Court of Small Causes, Madras, confirming the order and decretal order, dated 4.4.1997 and made in R.C.O.P.No.1315 of 1994, on the file of the XV Judge, Court of Small Causes, Madras.

2. The brief facts that are necessary for the disposal of this civil revision petition are as follows: Smt.T.R.Subbulakshmi was the owner of the premises described in the Rent Control Petition and the said premises was leased out to the revision petitioner on 24.6.1971, by means of a lease agreement, for office use as office-cum- showroom-cum- workshop-cum-godown, with effect from 15.2.1971. The revision petitioner has been paying rent at the rate of Rs.1,750 per month, with effect from February, 1978. The landlady lost her husband in the month of June, 1978 at Delhi and, therefore, she did not want to continue her stay at Delhi. The health of the landlady did not also permit her to continue at Delhi because of the weather condition. The landlady as well as her son requested the revision petitioner to vacate the demised premises and hand over possession of the same for the occupation of the landlady. Even though 15 years had elapsed the revision petitioner did not vacate and deliver possession of the demised premises to the landlady, saying that he will find suitable alternative accommodation and then vacate the premises. The revision petitioner has also committed wilful default in the payment of rent for the month of May, 1994. Therefore, the landlady filed the Rent Control Petition, as petitioner, against the revision petitioner, as respondent, for eviction on the ground of requirement of the demised premises for her own use and occupation and on the ground of wilful default in the payment of rent.

3. The revision petitioner, as respondent before the Rent Controller, while resisting the claim made by the landlady for eviction on the ground of own use and occupation and on the ground of wilful default, admitted that the landlady is the owner of the demised premises and the revision petitioner is in occupation of the said premises on a monthly rent of Rs.1,750 for non residential purposes. The revision petitioner has also pleased payment of Rs.4,200 as advance to the landlady. According to the revision petitioner, the rent for the month of May, 1994 was sent by cheque, but the same was refused by the landlady. Therefore, the revision petitioner claims that no wilful default was committed by him as claimed by the landlady. The arrears of rent due to the landlady, from the revision petitioner was because of the fact of not receiving the rent sent by the revision petitioner, to the landlady. Rent was paid on 29.7.1994, during the pendency of the petitioner under Sec.11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, (hereinafter referred to as “the Act”) and, therefore, the said petition was closed on 29.7.1994. The rent for the subsequent months were paid regularly, every month, as per the order of the court. The revision petitioner did not assure the landlady or her son to vacate and deliver possession of the demised premises to the landlady. The requirement of the demised premises for own use and occupation of the landlady is not bona fide and genuine. Therefore, the revision petitioner sought for dismissal of the petition filed for eviction on the ground of own use and occupation and wilful default.

4. After considering the submissions made on both sides and in the light of the material evidence available on record, the learned Rent Controller has come to the conclusion that the revision petitioner has not committed wilful default in the payment of rent, but the requirement of the demised premises for own use and occupation of the landlady is bona fide and genuine. Accordingly, the learned Rent Controller ordered eviction of the re

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