V. RADHAKRISHNAN versus S.N. LOGANATHA MUDALIAR

V. RADHAKRISHNAN versus S.N. LOGANATHA MUDALIAR

The landlord is entitled to seek eviction of the tenant for the purpose of setting up his son's business where the son does not own or occupy any other non-residential premises of his own. The landlord's own occupation of a non-residential building does not bar him from seeking eviction for the benefit of such a family member.

Parties
Appellant: V. Radhakrishnan; Respondent: S.N. Loganatha Mudaliar
Jurisdiction
India
Judgment Date
05 August 1998
Procedural Posture
Civil Appeal / Decision on Appeal From Madras High Court Judgment Dated 24.12.96 in C.r.p. No. 863 of 1992
Outcome
Appeal dismissed
Legal Topics
Eviction, Bonafide Requirement, Interpretation of Tamil Nadu Buildings (lease and Rent Control) Act, 1960
Rent Control Property Law Eviction Bonafide Requirement Interpretation of Tamil Nadu Buildings (lease and Rent Control) Act, 1960

Case Brief

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Parties

V. Radhakrishnan

Appellant

S.N. Loganatha Mudaliar

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From Madras High Court Judgment Dated 24.12.96 in C.r.p. No. 863 of 1992

Legal Issues

  1. 1 Scope and interpretation of Section 10(3)(a)(iii) of Tamil Nadu Buildings (Lease & Rent Control) Act, 1960
  2. 2 Whether landlord can seek eviction for the benefit of a family member who does not own or occupy a non-residential building

Ratio Decidendi

The landlord is entitled to seek eviction of the tenant for the purpose of setting up his son's business where the son does not own or occupy any other non-residential premises of his own. The landlord's own occupation of a non-residential building does not bar him from seeking eviction for the benefit of such a family member.

Court Disposition

Appeal dismissed

Orders

  • Landlord entitled to eviction to set up business for son
  • Appellant allowed time to vacate and hand over vacant possession to landlord by 30.6.1999, subject to filing usual undertaking within four weeks