(1) HEARD learned counsel for the parties. The question raised in this appeal is an interesting question and of some importance. The question is: "Whether on the execution of agreement to sell, by the landlord with the tenant and landlord having received substantial portion of the sale consideration, the relationship of landlord-tenant inter se between them ceases and fresh rights and obligations flows under this agreement?"

(2) THE present appeal is by the tenant who received decree of eviction against him by the order of trial Court confirmed by the appellate authority and finally affirmed by the High Court. The respondent landlord filed a suit for eviction on the ground of wilful default and also of committing an act of waste under Section 10(2)(i)and 10(2)(iii) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960. Her case is that though that tenant paid rent regularly upto March, 1977, but thereafter did not pay rent regularly. But on request of the tenant-appellants to the landlady she agreed to sell the disputed premises, as a consequence, the agreement of sale was executed on 4-5-1977. According to the landlady, a breach was committed by the appella