High Court of Madras

S.K.J.Dhanasekar vs. Jayanthi Sundaram

MANU/TN/4120/2021

18.06.2021

Tenancy

Mere fact that landlords own an another residential house within the city limit does not prohibit landlords to claim eviction of an independent house for their own use and occupation

Present Petition has been filed under Order 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is against the order passed by trial Court. The Learned Rent Controller by order held that, the requirement of the landlords is bonafide and allowed the petition granting two months time to the petitioner / tenant to vacate the premises. Thereafter, the tenant preferred an appeal which also came to be dismissed by the First Appellate Authority upholding the order of the Rent Control Authority.

In present case, the relationship of landlord and tenant is not disputed by both the parties. It is an admitted fact that, the landlords own a flat at Adyar. However, the leased out house is an independent house consisting of ground floor and first floor and anybody will like to live in an independent house rather than living in a flat if they have a chance of opting to live. Merely because the landlords own an another residential house within the city limit does not prohibit the landlords to claim evicting of an independent house for their own use and occupation. Moreover, the tenant has no right to dictate terms to the landlords where they have to live. The choice is not given to the tenant unlike if the tenanted portion is a non residential place where there would be likely hood of stalling the lively hood of the tenant if he is evicted suddenly.

The Appellate Authority while confirming the order of the Rent Control Authority has given categorical finding for each and every ground raised by the petitioner. The Appellate Authority has rightly applied his judicial mind and has given proper reasons for dismissing the appeal filed by the petitioner herein. Hence, present Court is of the view that the revision petitioner / tenant has not made out any ground to interfere with the order passed by the Rent Control Appellate Authority. the petitioner is directed to vacate the petition premises and handover the same to the respondents / landlords. Petition dismissed.

Tags : Eviction Bonafide need Legality

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