LAWS(MAD)-1979-1-71

KOLAPUR TRADERS Vs. SUBRAMANIA MUDALIAR

Decided On January 31, 1979
KOLAPUR TRADERS Appellant
V/S
SUBRAMANIA MUDALIAR Respondents

JUDGEMENT

(1.) The revision petitioners are tenants in respect of premises No. 48, Bogipattarai Street, Vellore and they are carrying on business in jaggery. They were let into possession by the father of the respondent. The property fell to the share of respondent. The respondent who is an Advocate practising at Vellore requires the premises for the purpose of locating his chambers. The revision petitioners are keeping the premises locked and also require a pagadi of Rs. 5,000/- and therefore the respondent filed a petition for eviction of the revision petitioners before the Rent Controller, Vellore.

(2.) The application was resisted by the revision petitioners, who inter alia contended that the building is not suited for running the office of an Advocate and that the notice terminating the tenancy is not valid. The Rent Controller ordered eviction as, in his view, the requirement of the landlord of the premises was for the bonafide purpose of setting up his practice. In appeal the Appellate Authority confirmed the finding and dismissed the appeal. The revision petitioner is aggrieved and has filed this revision.

(3.) It is contended before me for the revision petitioners that the profession of an Advocate is not a "business" within the meaning of the Rent Control Act and therefore the order of eviction is wrong. The petition is one filed under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act Section 10(3)(a)(iii) runs thus :