T S SUBRAMANIAN Vs. ANDHRA BANK LIMITED

JUDGEMENT

(1.) This petition, for grant of Special Leave, is by the representatives of the landlord who died on 19-9-1987 after the order, dated 10-8-1987 sought to be appealed against, was passed by the High Court of Madras in C.R.P. No. 2564/1985 setting aside, in exercise of its revisional powers 'the concurrent orders of eviction passed by the Rent Controller, Madras, in R.C.O.P. No. 4404 of 1983 and confirmed in appeal by the Appellate Authority in R.C.A. No. 41 of 1985. The Andhra-Bank, a nationalised Bank, is the respondent-tenant which has succeeded in the revision proceedings before the High Court.

(2.) The ground floor of a built-area of 1960 sq. ft. in No. 116, Cutcherry Road. Mylapore, Madras-4, was leased to the Andhra-Bank for a term-certain of 10 years (with an option to the bank to renew the lease for two more years) under the registered lease-deed, dated 11-8-1971 (Exh. P.1). The respondent-bank has been running one of its branches in the demised premises ever since The landlord, Dr. T. S. Subramanian. along with the members of his family was residing in the first-floor of the building.

(3.) In the year 1983 Dr. Subramanian sought eviction of the respondent-bank from the premises on grounds envisaged in S. 10(3)(a)(iii) and 10(3)(c) of' the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 ('Act'). The eviction petition, at para 3, refers to the purpose of the lease thus : -