TMI Blog1988 (11) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, the Civil Appeal preferred by the tenant was allowed and the judgment of the High Court of Madras dated 30.8.97 was set aside and the eviction petition filed by the review petitioner (Landlord) was dismissed. We may state that eviction was sought on the ground of bona fide requirement of the landlord for the business of his sons and eviction was ordered by the Rent Controller by his judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oint raised in the Review application was that this Court wrongly assumed that the vacant shop on the ground floor behind the shop occupied by the tenant was a 'godown' and was not a shop and that was also the admission of the tenant and also the finding of the Rent Controller and the appellate authority. On 1.4.1998, we ordered notice in the review application. The tenant appeared and fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the tenant, we did not have the benefit of the findings of the Rent Controller and the appellate authority on this aspect inasmuch as the judgments of these authorities were not filed in the paper book. Now we have had the advantage of looking into the said judgments which have been filed by the review petitioner. We shall refer to the findings of the Rent Controller and of the Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o averment has been made denying the above fact. In the light of these findings, it is clear that the other premises which was available was not suitable for being used as a shop, it being in the nature of a godown. In fact, the tenant had said in his evidence, as noticed by the rent controller - that he was not prepared to shift to the godown even if offered, inasmuch as it would not be possible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide and the judgment of the High Court is restored. In the circumstances of the case, the tenant is granted time to vacate upto 31.5.1999 upon filing the usual undertaking within two weeks from today. In case such an undertaking is not filed within that period or in case any of the terms of the undertaking is violated, the order granting time upto 31.5.1999 shall stand recalled and the tenant shal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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