K. Kalyanasundaram, J. - (1.) THIS revision arises out of the order passed by Sub Court, Tiruvellore in RCA No. 1 of 2012 confirming the order of the District Munsif, Tiruvellore made in RCOP No. 1 of 2008.
(2.) THE unsuccessful tenant in the eviction proceedings is the petitioner in this revision. The respondent had initiated eviction proceedings against the petitioner under Section 10(3)(a)(iii) and 10(3)(c) of Tamil Nadu Buildings Lease and Rent Control Act. The landlord has averred in the eviction petition that the tenant was inducted as per the lease agreement dated 28.02.2012 on a monthly rent of Rs. 1500/ -. The husband of the landlord Dr. Late A.C. Thiagarajan was a child specialist and he had very good practice in Tiruvellore Town. After his demise in the year 2001, his elder son Dr. Senthilnathan who completed his MBBS studies is looking after the clinic. The patients, especially children, ladies and aged persons are finding it difficult to come to the upstairs portion of the clinic and hence the landlady and her son wanted to shift the clinic to the ground floor. The landlady's younger son who has also completed his MBBS is undergoing practice as house surgeon and he shall complete the training by December 2008. It is further stated that the tenanted premises has entrance from Kondamapuram Street where the patients can come easily by all means and it is very suitable to set up a clinic. There are two shops vacant at the backside of the petition premises but the petition premises alone is facing the road side. Hence, if the petition shop is vacated, it will be easier to set up the clinic when compared to other three shops and there will be a larger space available for setting up the clinic having road side axis.
(3.) THE tenant opposed the eviction petition stating that the landlady's elder son is a Government Doctor and so he is not entitled to have a private clinic; even otherwise, the plinth area in the first floor is vast when compared to the portion under his occupation; further there is no entrance for the petitioner from the main road. The tenant has further alleged that the petition was filed with a mala fide intention to evict the tenant.;