JUDGMENT

The appeal is directed against the judgment and order of the Madras High Court directing the appellant/ tenant to hand over vacant possession of the business premises in appeal to the respondent/landlord under the provisions of Section 10(3) (a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Thereunder a landlord may apply to the Rent Controller for an order directing the tenant to put him in possession of a non-residential building (which is not used for the purpose of keeping a vehicle or adapted for such use) owned by him if he is not occupying for the purposes of a business which he is carrying on a non-residential building in the city, town or village concerned which is his own.

2. The business in respect of which the premises in appeal were sought was carried on by a partnership between the landlord, who was described in the partnership deed as the financing partner, and one other, who was described as the managing partner. The business was of wholesale and retail dealing in paper, board and stationery. The landlord led the evidence of one N. K. Mohammed Mustafa, who held his Power of Attorney in respect of the premises in appeal. It was contended