JUDGMENT

Misra, J.-The question raised in this appeal is the interpretation of Section 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960. The question is whether in terms of the rent agreement between the appellant (tenant) and the respondent (landlord), if the tenant uses the shop for a different purpose than the one specified therein will he be liable for eviction?

2. The short facts are, a rent agreement was entered into between respondent No. 1 and one Mr. T.S. Arulrayar (the grandfather of the appellant) under which the disputed shop was rented out. The relevant portion of the rent agreement which requires our consideration is reproduced below :-

"...shall be used by the tenant only for carrying on his own business dealing in radios, cycles, fans, clocks and steel furniture and for non-residential purposes and the tenant shall not carry on any other business than the above said business."

(Emphasis supplied)

On 12th April, 1979 a legal notice was sent by the landlady to the said T.S. Arulrayar terminating his tenancy on two grounds, the wilful default in payment of rent and using the shop for a purpose other than that for which it was let out. This was foll