Judgement

NATARAJAN, J. :- This appeal by special leave is by a tenant against whom an order of eviction passed under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as the "Act", by the Rent Controller was restored by the High Court of Madras after setting aside the dismissal of the eviction petition by the Appellate Authority.

2. The facts are not in controversy and may briefly be set out as under. A one-storeyed building in Wall Tax Road, Madras was originally owned by one Unnamalai Ammal. She was using the first floor for her residence and had leased out the ground floor to the appellant herein to be used as a godown for storing his business ware. It is common ground the appellants shop is situate in an adjoining building. The lease was for a period of 10 years with an option for renewal for a futher period of 5 years. Unnamalai Ammal however refused to renew the lease and filed a suit against the appellant for eviction on the ground she bona fide required the ground floor also for her residential use. The suit did not meet with success. Unnamalai Ammal bequeathed the property to her son-in-law and grandson who are the resp