M.M. SASTRI Vs. ELAPPAN

JUDGEMENT

(1.) Tenant in RCOP. No. 990 of 1987. on the file of 13th Judge, Court of Small Causes, Madras is the revision petitioner.

(2.) Respondent herein filed the eviction petition on the ground that he requires the schedule premises as additional accommodation under Sec. 10 (3) (c) of the Tamil Nadu Buildings (Lease and Rent Control) Act. It was his case that he himself, his wife and daughter and son-in-law, two children, along with his brother and his sons and daughters are staying with him. He is in occupation of only two rooms, kitchen and a Pooja Room, which is very insufficient. He contended that two or three families cannot continue to live in tho portion occupied by him and the same causes great inconvenience. According to him. his daughter and son-m-law require a separate room. The space in their occupation is not having a separate dining hall, sitting room, and there is also no provision to receive any guest and to accommodate them, if necessity arises. Under the a Dove circumstances, tried landlord filed the eviction petition, seeking eviction of the tenant on the ground of additional accommodation.

(3.) In the counter-statement filed by the revision petitioner, he contended that the claim petition is lacking in good faith. The brother and his family are not members of the family of the landlord The petitioner/landlord's family consists of only husband ana wife, and the space occupied by him is more than sufficient. It is further contended that in the ground floor, a portion occupied by a tenant became vacant, but the same was let out to one Lakshmi Surgicals, and this would show the lack of good faith on the part of the landlord in moving the eviction petition. He also contended that the landlord wanted enhanced rent, which he refused to pay. He also contended that he has been residing there for the last 30 years and he could not get an alternative accommodation in the locality. He has further contended that the hardship to which he will be put to will outweigh the advantage of the landlord.