JUDGMENT

KANIA, J. :— This is an Appeal from the judgment of a learned single Judge of the Madras High Court in, Second Appeal No. 1706 of 1985 and C.R.P. (Civil Revision Petition) No. 3135 of 1985 which were heard together. For the sake of convenience we propose to refer to the parties by their original descriptions in the suit.

2. The plaintiffs are the owners of the suit land, including a vacant site in Elappan Road in Cumbum in Madras. This site was leased out by the plaintiffs (Respondents before us), to defendant No. 1(who is Appellant No. 1before us) for conducting a timber shop. at a rent of Rs. 70/- per month. In a family partition, the first plaintiff (who is Respondent No. 1 before us) got as his share the northern portion of the land belonging to the plaintiffs which included the suit land. The plaintiffs filed a suit to evict the defendants on various grounds including the ground that they wanted to build their own house on the suit land and hence bona fide needed the suit land for their own use. Thereafter, the defendants filed an application under, Section 9 of the Tamil Nadu City Tenants Protection Act, (referred to hereinafter as "the said Act"). On 28th April, 1979