N.KRISHNASWAMY REDDY, K.VEERASWAMI
Nathella Sampathu Chetty – Appellant
Versus
Sha Vajingjee Bapulal – Respondent
This petition arises from proceedings in eviction. The petitioner applied at Madras for an order of eviction against the respondent from premises No. 176, Nethaji Subhas Chandra Bose Road. The ground of the petitioner was that he was not occupying for the purpose of the business which he was carrying on a non-residential building in the City, which is his own and that he bona fide required the premises for his occupation. The petition was resisted, but was ordered "by the Rent Controller. The respondent’s appeal was successful. But this Court allowed the petition in revision and remitted the matter to the lower appellate Court for fresh disposal. It has since come to the same conclusion as it did before and directed that the eviction petition should stand dismissed. The matter is brought before this Court over again under section 25 of the Madras Buildings (Lease and Rent Control) Act, 1960.
While disposing of the appeal, the Court below rightly posed the point for its decision, namely, whether the landlord bona fide required the premises for his own occupation, but considered that the evidence on record did not establish bona fide on the part of the petitioner. It r
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