Judgment

P.K. Balasubramanyan, J.—Leave granted.

2. A room in a building in Thousand Lights, Mount Road Madras, is the subject matter of this proceeding. The respondent-landlord leased that room, a ‘building’ as defined in the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 to the appellant. According to the landlord, the letting was for the purpose of a shoe trade or trade in leather goods by the tenant. There was a prior proceeding in which there was a compromise and the building was re-let to the tenant after it was re-modeled or re-constructed. While carrying on his business, the tenant had used a part of the premises for carrying on a trade in readymade garments and that amounted to a user of the building by the tenant for a purpose other than that for which it was leased, within the meaning of Section 10 (2) (ii) (b) of the Act. The tenant had also fixed name-boards outside and drilled two holes in the walls for fixing racks for the purpose of his trade and had taken an independent three phase electric connection and for that purpose he had made holes on the floor and on the wall; that these acts of the tenant amount to commission or causing the commission of such acts