Judgment

VENKATARAMIAH, J. :- The question which arises for consideration in this case is whether a landlord who seeks eviction of a tenant from a non-residential building (other than a non-residential building which is used for keeping a vehicle or adapted for such use) under S. 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) is required to prove that he requires the said building for his own use or for the use of any member of his family bona fide in the proceedings instituted before the Controller.

2. The appellant is a partnership firm representated by its partner, S. Peer Mohammed. The respondents brother was carrying on business in hardware in the front portion of the ground floor of the premises bearing No. 157, Kutcheri Road, Mylapore, Madras-4. The appellant purchased the said running business from the brother of the respondent on 5-7-1974. The said building, however, belonged to the father of the respondent. After purchasing the business, the appellant became a tenant under the father of the respondent by paying an advance of Rs. 1,500/- and agreeing to pay a rent at the rate of Rs. 450/- per month for the po