Act of waste done by the tenant.

1. This Civil Revision Petition has been filed by the tenant as revision petitioner against the judgment and decree dated 30.10.2000 and made in R.C.A.No.1230 of 1996 on the file of the learned VII Judge, Court of Small Causes, Madras reversing the order dated 8.9.1994 and made in R.C.O.P.No.2638 of 1992 on the file of the learned X Judge, Court of Small Causes, Madras. 2. The facts that are necessary for disposal of this Civil Revision Petition are as follows:- The Respondent herein who is the petitioner before the Rent Control Court and appellant before the Rent Control Appellate Authority, is the landlord of the premises described in the Rent Control Original Petition and the revision petitioner who is the respondent before the Rent Control Court as well as the Rent Control Appellate Authority is the tenant of the said premises on a monthly rent of Rs.228. The revision petitioner has committed wilful default in payment of rent for the period from September, 1991 to August, 1992. The premises was let out for running a laundry under the name and style of “Ravindra Dry Cleaners” by the revision petitioner, but the said premises was converted to carry on milk business under the name and style of “Sakthi Milk Depot”. The revision petitioner has cut and removed the front door with frames and constructed a concrete platform thereby committed act of waste. The grandson C.S. Ravikumar is a learner in a medical pharmacy at Door No.17, Nyniappa Naicken Street, Madras-3 and he wants to start a business of his own in pharmacy. He is qualified to carry on such business. Therefore, the demised premises is required for own use and occupation to carry on medical pharmacy by C.S. Ravikumar. It is on these grounds, the respondent herein has sought for eviction of the revision petitioner from the demised premises. 3. The revision petitioner who is the respondent before the Rent Control Court has resisted the claim made by the respondent herein as petitioner before the said Court on the following grounds:- The revision petitioner is in occupation of the demised premises as tenant on a monthly rent of Rs.228. The respondent herein had refused to receive the rent while he paid in the month of August, 1991. The rent was sent for the months of August and September, 1991 by Money Order and the same was also refused. Notic e sent to specify the name of the bank in which the rent can be deposited was also returned as refused. The revision petitioner has not committed wilful default in payment of rent. The laundry business carried on by this revision petitioner was not profitable and, therefore, he is carrying on business in milk under the name and style of “SakthiMilk and Company”. Since the premises was let out only for non-residential purposes, change of business will not help the respondent herein to evict the revision petitioner from the demised premises. The cutting of the wooden door frames will not amount to act of waste. C.S. Ravikumar, the grandson of the respondent herein is working along with his father in the pharmacy run by him at 17, Nyniappa Naicken Street, Madras-3, and therefore, the requirement of the demised premises for own use and occupation by the respondent herein to carry on medical pharmacy by C. S. Ravikumar is not bona fide. Therefore, the revision petitioner has sought for dismissal of the petition filed for eviction by the respondent herein. 4. The respondent herein, Thiru Sundaram and his grand son C.S. Ravikumar were examined as P.Ws.l and 2 and Exs. P-l to P-1 1 were marked before the Rent Control Court on the side of the respondent herein. The revision petitioner Thiru Vairavelu was examined as R.W.I and Exs. R-l to R-3 were marked before the said Court on the side of the revision petitioner. After considering the submission made by both sides and in the light of the material evidence available on record, the learned Rent Controller dismissed the Rent Control Original Petition, filed for eviction on the groun