V DANMULL SOWCAR Vs. SYED ALI MOHAMED

JUDGEMENT

(1.) PETITIONER is a tenant of a non-residential building, 6, Davidson Street, G. T. Madras owned by the respondent. The respondent got an order for eviction on his application before the Second Additional Rent Controller, Madras who held that the respondent, who is the owner of the non-residential building, does not own any other non-residential building other than the one leased to the petitioner and that he bona fide required it for his business, as the Managing Partner of the Mishba transport Corporation, and the said order for eviction was confirmed by the appellate authority. The petitioner has come up to this Court in revision.

(2.) VEERASWAMI, J. , before whom the petition came up for final disposal, considered that the question, whether one of the partners of a firm who is the owner of a non-residential premises could apply for eviction of the tenant occupying the same on the ground that he required it lor carrying on his partnership business, should be decided by a Bench, having regard to the conflict of approach to the fundamental principles and in order to have a authoritative decision to guide the bent Controllers.

(3.) THE decision in this case has to be made on the interpretation of Section 10 (3) (a) (iii) of the Madras Buildings (Lease and Rent Control) Act of 1960, hereinafter called the Act, which runs as follows: '