JUDGMENT

THOMMEN, J.:- This appeal is brought by the tenants against the order of the Madras High Court in Civil Revision Petition No. 358 of 1985 allowing the landlords petition and reversing the finding of the first appellate Court. The High Court held that the ground of eviction under S. 10(2) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (the "Act) was attracted by the facts of the case and the tenants were liable to be evicted. The first appellate Court had, however, found that there was no evidence to show that the tenants had "committed or caused to be committed such acts of waste as are likely to impair materially the value or utility of the building" so as to attract the ground mentioned in S. 10(2)(iii). This finding was rendered on the basis of a report submitted by an Assistant Engineer of the P.W.D., who was appointed by the trial Court as a Commissioner to submit a report about the alterations alleged to have been made by the tenants in the building. The Commissioner stated:-

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3.The front door formerly of wooden planks has been replaced by rolling shutters, but the wooden frames have not been removed. For fixing the roll