The burden of proof lies on the tenant to establish that the landlady's requirement for own use and occupation is not genuine.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 25(1) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969, against the Judgment and Decree made in R.C.A.No.3 of 2015, on the file of Principal District Judge, Puducherry, dated 25.11.2015, confirming the Judgment and Decree made in H.R.C.O.P.No.12 of 2009, on the file of the Rent Controller-I, Puducherry, dated 15.12.2014.)

1. Challenging the fair and final order passed in R.C.A.No.3 of 2015 on the file of the learned Rent Control Appellate Authority (Principal District Judge), Puducherry, confirming the order passed in H.R.C.O.P.No.12 of 2009 on the file of the learned Rent Controller-I (Principal District Munsiff), Puducherry, the tenant has filed the Civil Revision Petition.

2. The revision petitioner is the ‘tenant’ and the respondent is the ‘landlady’. For convenience sake the rank of the parties to this revision will be maintained as ‘tenant’ and ‘landlady’.

3. The case of the landlady before the lower court in the petition filed by her would be as follows:

The petitioner is the landlady of the schedule mentioned property and the respondent is the tenant. As per the rental agreement dated 06.03.2006, the petition mentioned property was let out to the tenant for a monthly rent of Rs.2,500/-. The tenant paid an advance of Rs.50,000/- and the lease period is for a period of 3 years. The tenant is carrying on retail outlet in the name and style of “M/s. Sarvodaya Sangam Khadi Vastralayam” in the said shop premises. The landlady required the demised premises to shift over the business of her son. Since either she or her son do not possess any other property, except the demised premises and two other shops adjacent to the demised premises, the landlady requested the tenant to vacate the demised premises. Since the tenant did not vacate the same, the landlady has filed the eviction petitions before the learned Rent Controller-I, Puducherry, on the ground of own use and occupation.

4. The revision petitioner, as respondent before the Rent Controller, while resisting the claim made by the landlady for eviction on the ground of own use and occupation admitted that the landlady is the owner of the demised premises and the petitioner is in occupation of the said premises on a monthly rent of Rs.2,500/- and also advance amount of Rs.50,000/-. It is contended the revision petitioner/respondent is a tenant for the past 50 years and that the Sarvodaya Sang is a Gandian Movement and the object of the Sangh is to develop Khadi and Village Industries and give opportunities to the Rural artisans. It is contended that he is not aware that the landlady’s son is running a shop at Lawspet, Puducherry and doing the business of Apparels and Covering Ornaments in the name of ‘Sithi Ganesh Jewellers’ and he also not aware that the landlady’s son has taken the said shop on lease and paying monthly rent of Rs.900/-. The demised premises is required for own use and occupation is a bogus and unsustainable in law. Therefore, there is no bonafide requirement on the part of the landlady on the ground of own use and occupation.

5. After considering the submissions made on both sides and in the light of the material evidence available on record, the learned Rent Controller has come to the conclusion that the requirement of the demised premises for own use and occupation of the landlady is bona fide and genuine. Accordingly, the learned Rent Controller ordered eviction of the revision petitioner from the demised premises. Aggrieved by the order dated 15.12.2014 made in H.R.C.O.P.No.12 of 2009, the tenant, as appellant, preferred an appeal in R.C.A.No.3 of 2015 on the file of the learned Principal District Judge, Puducherry. After considering the submissions made on both sides and in the light of the material evidence available before Court, the learned Rent Control Appellate Authority sustained the order of eviction passed by the learned Rent Controller on the ground of own use and occupat