T DAKSHINAMOORTHY Vs. THULJA BAI

JUDGEMENT

(1.) Under Section 7(3) of the Madras Buildings (Lease and. Rent Control) Act, a landlord may apply to the Controller for an order directing the -tenant to put the landlord in possession (i) in the case of a residential building, if he requires it for his own occupation and if he is not occupying a residential building of his own in the city, town or village concerned.

(2.) The Act does not contain a definition of a residential building. There is however, a definition of "building". "Building" means, "any building or hut or part of building or hut, let or to be let separately for residential or nonresidential purposes".

(3.) The only question in this case is whether the building which is the subjectmatter of the application is a residential or a non-residential building. The findings which are material for a determination of this question are as follows: For several years the building was being used for the residence of the petitioner and P. W. 2. Then, it was let to a tenant who was carrying on business in 'Chappals' & thereafter to the present tenant for his business in hides and skins. Structurally the building appears to have been meant for residence rather than for carrying on business. The locality in which the building is situate is predominantly a business locality.