Judgment.-The petitioners are the tenants, who had succeeded before the Rent Controller, but lost before the appelate authority. They occupy six rooms in the ground floor of the building called ‘Jaya Mansions’ in Periamet, Madras. The respondent’s case is that in a partition effected in December, 1972 between himself and his two brothers he obtained 38 rooms in the first and second floors and 11 rooms in the ground floor for his share. He filed petitions for eviction of the petitioners herein and another occupying the said six shops in the ground floor on the ground that he required additional accommodation for locating his kitchen, dining halls, office, servants’ quarters and store-room and also for providing an entrance to the vacant space situate behind the building to be used as a car park in connection with bis hotel, restaurant, boarding and lodging business.

2. The petitioners herein opposed the petitions contending that the respondent is not already carrying on any hotel, restaurant, boarding and lodging business in the premises and, therefore, he is not entitled to seek their eviction on the ground of additional accommodation under section 10 (3) (c) of the Madras Building

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