1. The allegations contained in the eviction petition are as follows:-

1. (i) The petitioner is the owner of the demised premises in which the respondent is in occupation as tenant. The premises is known as "ARDESLEY" situate in old Door No.4C (New Door No.15), Nungambakkam High Road, Chennai 600034, consisting of a Bungalow with ground and first floor with servant quarters and garages in new Survey No.126/3 with an extent of 45 grounds. It was purchased by Mrs. Kathija Sultan and her daughter Fatima Sultan from Margurite Irene Walsh by virtue of sale deed dated 04.06.1929. Katheja Sultan bequeathed her half-share in the property in favour of her daughter Fatima Sultan by means of a sale deed dated 09-09-1949. The said Fatima Sultan rented out the Bungalow with an extent of 19.99 grounds out of 45 grounds to M.K. Belgamwala and his wife, who are residing in the first floor and they used ground floor for nonresidential purpose. The petitioner by means of a deed of settlement dated 3. 1973 obtained the property from Fatima Sultan and became the absolute owner. The said Belgamwala continued to be a tenant under the petitioner.

1.(ii) The petitioner filed HRC No.2376 of 1980