Madras High Court
M/S.M.D.Metals vs V.Shantha on 21 January, 2021
C.R.P.(NPD)Nos.1649 & 2605 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) Nos.1649 & 2605 of 2015
and M.P.Nos.1 & 1 of 2015
M/s.M.D.Metals,
Rep by its Proprietor Mr.T.Mohanlal,
No.30/1, Kesava Iyer Street,
Park Town,
Chennai - 600 003. ... Petitioner in
CRP.No.1649/2015
M/s.Tarun Trading Corporation,
No.30/1, Kesava Iyer Street,
Park Town,
Chennai - 600 003. ... Petitioner in
CRP.No.2605/2015
Vs.
1. V.Shantha
2. A.Shankar ... Respondents in
both CRPs.
Prayer in C.R.P.(NPD)No.1649 of 2015 :- Civil Revision Petition is filed
under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control)
Act, to set aside the judgment and decree dated 27.01.2015 in
R.C.A.No.613 of 2008 on the file of the learned VIII Judge, Court of Small
Causes (Appellate Authority) Chennai, reversing the oder dated 12.06.2008
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1649 & 2605 of 2015
made in R.C.O.P.No.2188 of 2006 on the file of the XIII Judge, Court of
Small Causes, Chennai.
Prayer in C.R.P.(NPD)No.2605 of 2015 :- Civil Revision Petition is filed
under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control)
Act, to set aside the judgment and decree dated 27.01.2015 in
R.C.A.No.2008 passed by the learned VIII Judge, Court of Small Causes at
Chennai, setting aside the Decree and order dated 12.06.2008 made in
R.C.O.P.No.2190 of 2006 on the file of the XIII Judge, Court of Small
Causes, Chennai.
For Petitioner
in CRP.1649/2015 : Mr.S.Ramesh Kumar
For Petitioner
in CRP.2605/2015 : Mr.J.Jamesh
For Respondent
in both CRPs : Mr.P.Seshadri
COMMON ORDER
These Civil Revision Petitions are arising out of the fair and
decreetal orders dated 27.01.2015 passed by the learned VIII Judge, Court
of Small Causes at Chennai, in RCA.Nos.613 & 614 of 2008 respectively,
thereby setting aside the orders dated 12.06.2008 passed by the learned XIII
Judge, Court of Small Causes, Chennai in R.C.O.P.Nos.2188 & 2190 of
2006 respectively, thereby dismissing the petition for eviction.
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C.R.P.(NPD)Nos.1649 & 2605 of 2015
2. Both the petitioners are tenants under the respondents herein.
The respondents filed petitions in R.C.O.P.Nos.2188 & 2190 of 2016
respectively, for eviction on three grounds of own use, occupation for
residential & non-residential and additional accommodation. The learned
Rent Controller dismissed the eviction petitions on those grounds for the
reason that for requirement of a non-residential portion for owner's
occupation to run a business, the burden is on the landlord to establish that
it is not a mere desire to commence such business, instead it is bonafide
requirement to commence and run such a business. The burden is heavy on
the landlord to prove preparation towards such commencement of business.
3. The learned Rent Control Appellate Authority allowed the
petitions only on the ground that under Section 10(3)(a)(iii) of Tamil Nadu
Buildings (Lease and Rent Control) Act, in case it is any other non-
residential building, if the landlord or any member of his family is not
occupying for purpose of a business which he or any member of his family
is carrying on, a non-residential building in the city, town or village
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1649 & 2605 of 2015
concerned which is his own. Therefore, the claim of the respondents is
bonafide and the petitioners are liable to be evicted.
4. That apart, the petition premises is a shop portion in the front
side of the ground floor let out to the petitioners to run their business. The
petition premises consists of ground floor and first floor. The first floor is
meant for residential purpose and front portion of the ground floor let out to
the petitioners herein for non-residential purpose. Therefore, if the landlord
wanted to occupy the premises for his residential purpose, it shall be
restored. If the landlord using a portion for residential purpose wants
another portion of the said premises under occupation of the tenant for non-
residential purpose then the landlord has to proceed under Section
103(3)(a)(iii) for owner's occupation and not under Section 10(3)(c) of the
Act which deals with the additional accommodation for the existing usage
of the landlord. Therefore, the petitions for eviction cannot be dismissed for
technical reasons and the right of the parties should not be prejudiced.
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C.R.P.(NPD)Nos.1649 & 2605 of 2015
5. Admittedly, the respondents have satisfied the conditions as
contemplated under Section 10(3)(a)(iii) of the Act. Further the petitioners
are running their business which is non residential in character. Therefore,
the learned Rent Control Appellate Authority allowed the eviction petitions
on the ground of Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease
and Rent Control) Act. Further the respondents have right to choose the
portion which is suit for them. It is also seems to be one of the boanfide
reason for own occupation. Therefore, this Court finds no illegality or
infirmity in the order passed by the learned Rent Control Appellate
Authority.
6. Further the learned counsel appearing for the petitioners sought
sufficient time to vacate the premises. Considering the above submission,
the petitioners are directed to vacate the premises and hand over the vacant
possession to the respondents within a period of six months from the date of
receipt of a copy of this Order.
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C.R.P.(NPD)Nos.1649 & 2605 of 2015
7. Accordingly, both the Civil Revision Petitions are dismissed.
There shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
21.01.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1649 & 2605 of 2015
To
1. The VIII Judge,
Court of Small Causes,
Chennai.
2. The XIII Judge,
Court of Small Causes,
Chennai.
3. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1649 & 2605 of 2015
G.K.ILANTHIRAIYAN, J.
rts
C.R.P.(NPD) Nos.1649 & 2605 of 2015
and M.P.Nos.1 & 1 of 2015
21.01.2021
https://www.mhc.tn.gov.in/judis/
