The main legal point established in the judgment is that the tenant's failure to follow the procedural requirements under the Tamil Nadu Buildings (Lease and Rent Control) Act, specifically Section 8, amounted to wilful default, and the landlord's requirement for owner's occupation was found to be bonafide.

This Civil Revision Petition is filed against the fair and decreetal order in RCA No.43 of 1993 dated 08.09.2009 on the file of the Rent Control Appellate Authority, Villupuram allowing and reversing the fair and decreetal order in RCPP No.7 of 1992 dated 06.08.1993 on the file of the Rent Controller, Villupuram.

2. The petitioners are the wife and son of late Subash Chandra Bose who was the tenant of the petition premises under the first respondent. The first respondent is the landlord and the respondents 2 & 3 are daughters of late Subash Chandra Bose. The parties are referred to as arrayed in the RCOP.

3. The landlord filed RCOP No.7 of 1992 on the file of Rent Controller, Villupuram for eviction of the tenant on the ground of wilful default, act of waste and for owners occupation. According to the landlord, the tenant was occupying the petition premises on a monthly rent of Rs.250/- and was running a flour mill in the front portion of the petition premises. The tenant was initially paying the rent regularly and he did not pay the rent from 01.02.1991 till the date of filing of RCOP, a sum of Rs.3500/- was the arrears of rent. When the landlord demanded the rent from the tenant, during August 1991, the tenant sent a money order and stated that the rent is due only from August 1991. Hence, the landlord refused to receive the rent. The landlord is having account in respect of the rent paid by the tenant. It is not correct to state that the tenant has not committed wilful default in paying the rent. The tenant also caused damages to the petition premises and he is not maintaining the petition premises properly. The landlord's eldest son is employed in the cement business run by his paternal uncle and he has got a registration certificate for running cement business on his own. The landlord sent notice through his Advocate calling upon the tenant to vacate and deliver the vacant possession. The tenant sent reply through his Advocate containing false averments.

4. The tenant filed counter statement and denied the averments stating that rent is due and payable only from 01.02.1991 to 31.03.1992 and also denied that tenant is having note book in which the landlord will acknowledge the receipt of rent paid by the tenant and denied that when landlord demanded rent, the tenant sent rent by Money Order and that the landlord did not spent any amount for maintenance. There is no arrears of rent. When the tenant tendered the rent, the landlord refused to receive the same. Only on the refusal of the rent by the landlord, the tenant sent the rent by Money Order. The landlord refused to receive the Money Order. Hence, the tenant deposited the rent from October 1991 till date in the Savings Bank Account No.557 in Indian Bank. The tenant denied that petition premises is required for the business of landlord's eldest son and also stated that the landlord is owning other buildings.

5. Before the Rent Controller, the landlord and his eldest son were examined PWs1 & 2. The landlord marked four documents. The tenant examined himself as RW1 and marked seven documents as Ex.R1 to R7. The learned Rent Controller, considering the pleadings, oral and documentary evidence, judgments relied on by the learned counsel for the tenant and arguments of the learned counsel for the parties, dismissed the RCOP holding that the tenant has not committed any wilful default and also held that the landlord has not proved act of waste and petition premises is required for the business of his eldest son.

6. Against the said order dated 06.08.1993 made in RCOP No.7 of 1992 on the file of District Munsif, Villupuram, the landlord filed RCA No.43 of 1993 on the file of Principal Subordinate Judge, Villupuram. Pending RCA, the tenant Subash Chandra Bose died. The wife, son and two daughters of Subash Chandra Bose and two daughters were impleaded as legal heirs of the deceased tenant.

7. The learned Appellate Authority, independently considering all the materials on record