If user is reasonable and if it is for purpose for which property, intended to be used, it cannot be said that tenant has committed acts of waste.

Challenging order of Eviction on the grounds of Owners Occupation and Wilful Default, Tenant has preferred these Revisions.

2. The following points arise for consideration in these Revision Petitions:-

(1)Whether the order of eviction on the grounds of Wilful Default and Owners Occupation is perverse warranting interference?

(2)Whether order of Appellate Authority reversing order of eviction passed by Rent Controller on the grounds of Sub-letting, Acts of Waste is to be interfered with notwithstanding non-filing of any Revision by Respondent/Landlord?

3. For convenience, the parties are referred to as per their original rank in R.C.O.P.No.1399 of 2001 on the file of Rent Controller (XV Judge, Small Causes Court, Chennai).

4. 1. The tenanted premises is Flat No.2, Block No.A1,(Old No.98/3), Shanthi Colony, Chennai. The portion was let out to Respondent/Tenant in October 1998 purely for residential purposes. At the time of inception of tenancy, monthly rent was fixed at Rs.6000/- per month, which was subsequently enhanced to Rs.6,615/- per month. Petitioner/Landlady represented by her General Power of Attorney filed Eviction Petition in R.C.O.P.No.1399 of 2001 under Sections 10(2)(i) (Wilful Default); 10(2)(ii)(a) (Subletting); 10(2)(ii)(b)(Different Use); 10(2)(iii) (Acts of Waste) and 10(3)(a)(i)(Owners Occupation) of the Tamil Nadu Buildings (Lease and Rent Control) Act (for short "the Act") against the Respondent and three other Respondents. The Respondent alone contested the matter before the Rent Controller and Respondents 2 to 4 (Sub-lessees) were set exparte after notice being served on them at the petition premises.

4. 2. Rent Controller ordered eviction on the ground of Owners Occupation, Subletting and Acts of Waste. Aggrieved by order of eviction, Respondent/Tenant has preferred Appeal. Aggrieved by dismissal of Petition on the grounds of Wilful Default and Different Use, Petitioner/Landlady has also preferred Appeal. By common order, the Rent Control Appellate Authority (VIII Judge, Small Causes Court, Chennai) confirmed eviction on the ground of Owners Occupation. Appellate Authority held that Tenant has committed Wilful Default and eviction was ordered on the ground of Wilful Default also. Eviction ordered on the grounds of Subletting and Acts of Waste was reversed by the Appellate Authority, which is challenged in these Revisions.

5. Assailing the Impugned Order, learned counsel for Revision Petitioner/Tenant has contended that filing of Eviction Petition on five grounds alone will show the malafide. It was further submitted that Landlady is aged 70 years and she is pursuing the matter only at the instance of Power of Attorney. Learned Counsel further submitted that Landlady being aged, needs to be taken care of by others and that there is no bonafide in requirement for Owners Occupation.

.6. Learned Counsel for Respondent/Landlady has submitted that Landlady being a renowned Paediatrician bonafide requires premises for her own occupation and concurrent findings of Courts below ordering eviction on the ground of Owners Occupation cannot be interfered with. It was further submitted that Petition premises being occupied by several other sub-lessees the Appellate Authority ought not to have reversed the order of eviction on the ground of Subletting. Placing reliance upon the decisions reported in Durgai Ammal ..Vs.. R.T. Mani (1989 (1) L.W. 155) and Nalakath Sainuddin ..Vs.. Koorikadan Sulaiman (A.I.R. 2002 S.C. 2562), learned counsel for Respondent/Landlady has submitted that even without filing a separate C.R.P, Landlady is entitled to challenge the order of Appellate Authority reversing order of eviction on the ground of Subletting and Acts of Waste.

.7. Owners Occupation (10(3)(a)(i) of the Act):-

By concurrent findings, Courts below have ordered eviction on the ground of Owners Occupation. Landlady is a very renowned Paediatrician having served in eminent organisations like World Bank, UNICEF,