JUDGMENT

S. Saghir Ahmad, J.-Whether a "Forster Son" would be a "member of family" in relation to a landlord within the meaning of Section 2(6A) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (for short, the Act) is the question involved in this appeal which is directed against the Judgment of a Division Bench of the Madras High Court laying down that a "Forster Son" would, under a given set of facts, be a member of the landlord s family and thus overruled the Single Judge decision in Hathibudi Anandar v. Govindan1.

2. The appellant is the tenant in respect of a non-residential building since 1972 when it was owned by one Gnanasambandam who on 10.5.1979 transferred the said building in favour of the respondent.

3. An application under Section 10(2)(i) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 was filed by the respondent for the eviction of the appellant on the ground inter alia of personal need and wilful default. It was pointed out by the respondent in her application that her husband Thiruvannamalai

1. 1981(1) Madras Law Journal 250.

Bakthar who carried on the lime-shell business had, together with the responde