K MUTHURAMALINGAM Vs. KALYANI RAGUNATHAN

JUDGEMENT

(1.) REVISION Petition filed against the order dated 3.1.2006, passed in R.C.A.No.687/2004 by the VII Judge, Court of Small Causes, Chennai (Rent Control Appellate Authority), confirming the order passed in R.C.O.P.No.574/2001 dated 27.4.2004 passed by the Rent Controller, X Judge, Court of Small Causes, Chennai. This REVISION Petition has been filed against the order dated passed in R.C.A.No.687/2004 by the VII Judge, Court of Small Causes, Chennai (Rent Control Appellate Authority), confirming the order passed in R.C.O.P.No.574/2001 dated 27.4.2004 passed by the Rent Controller, X Judge, Court of Small Causes, Chennai.

(2.) THE tenant is the revision petitioner. He is aggrieved by the order of the Rent Control Appellate Authority dated 3.1.2006 made in R.C.A.No.687/2004 holding that the respondent herein is entitled to evict the petitioner herein for her own residential occupation of the petition premises. By the above said order dated 3.1.2006, the appellate authority confirmed the order of the Rent Controller dated 27.4.2004 made in RCOP No.574/2001 filed by the respondent herein under Sec.10(3)(a)(i) of the Tamil Nadu Buildings (Lease And Rent Control) Act, 1960, hereinafter called 'the Act' for evicting the revision petitioner herein on the ground of owner's occupation.

(3.) THE revision petitioner as tenant resisted RCOP No.574/2001 by filing a detailed counter statement. It is the tenant's contention that there is no bona fide in the claim of the landlady. He stated that the younger son who was staying in ground floor portion of the landlady's property has already vacated that portion. He referred to O.S.No.4640/1998 filed by him against the landlady for a permanent injunction restraining the landlady from disturbing the tenant's peaceful possession of the petition premises. O.S.No.4640/98 was decreed exparte on 5.2.2002. THE landlady filed RCOP No.2125/98 against the tenant for eviction on the ground of wilful default in the payment of rent and the same was dismissed for default on 1.11.2000.