V. BHARGAVA, J.

(1) THE respondent in this appeal, who was the landlord of a building in Tiruchirapalli, filed an application under Section 10(2) of the Madras Buildings (Lease and Rent Control) Act No. 18 of 1960 (hereinafter referred to as "the Act"), for eviction of the 1st appellant who was his tenant, on the following four grounds

(1) that the tenant had committed wilful default in payment of rent;

(2) that the tenant had sub-let a part of the building without the consent of the landlord;

(3) that the tenant had used the building for a purpose other than that for which it was leased ; and

(4) that the tenant had caused material damage to the building.

(2) THE Rent Controller, before whom the application for eviction was filed, dismissed the application holding on all the four grounds in favour of the tenant and against the landlord. An appeal before the appellate authority empowered under Section 23 of the Act was also unsuccessful. Before that authority, the ground which was principally urged was that the premises had been let out for purposes of carrying on a trade, while the tenant had used the premises for residential purposes. The plea taken by t