S A MUJEEBUR RAHMAN Vs. P D DEEPA

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition to set aside the Order and decreetal order passed by the Learned VIII Court of Small Causes Court at Chennai in R.C.A.No.264 of 2010 dated 27.09.2011 confirming the order and decreetal order passed in R.C.O.P.No.1673 of 2007 dated 11.02.2010 on the file of the X Small Causes Court of Chennai.

(2.) The tenant is the revision petitioner in this Civil Revision Petition challenging the order of the eviction on the ground of Act of Waste and using of petition premise shop other than for let out purpose. It is the case of respondent /land lord, the petition premise Shop No IV situated in D.No 5, Ramarajar Nagar-II Street, Chennai belongs to her and the same was rented out to the Revision petitioner in the year 1999 vide a Rental Agreement dated 12.01.1999 for the purpose of running a Tailor Shop. The monthly rent was arrived at Rs.1,500/-p.m.

(3.) According to the respondent/ landlord, the revision petitioner without consent and prior permission from the respondent has started to run a Fast Food shop in the name and Style of Park Briyani in the petition premise by making structural alteration in the shop and thereby caused damages, nuisance, inconvenient to the entire premises. Further cooking smoke caused damage and inconvenience to the building and other tenants. Wherefore the respondent through her Power agent filed R.C.O.P.No.1673 of 2007 under Section 10 (2) (ii) (b) and Section 10 (2) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 on the file of the X Small Causes Court of Chennai, seeking eviction of the Revision petitioner.