Building having no roof if can be held building.

ORDER.-This revision is directed against the orders of the Appellate Authority under the Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), hereinafter referred to as the Act. Certain material facts have got to be stated so that the questions involved in the case may be appreciated and considered in the proper light. One S. P. Periasami Nadar was the owner of the property concerned. He leased out the property concerned to A. K. A. Khaja Mohideen Sahib and A. K. A. Mohammed Ismail Sahib, the respondents in this revision. According to the said Periasami Nadar, respondents 1 and 2 herein committed default in the payment of the rents, they sublet portions of the property to Chelladurai Nadar and Jaya Pandia Nadar without his written consent and he required the property for demolition and reconstruction. On these grounds, the said Periasami Nadar instituted proceedings for eviction under the Act in H.R.C.O.P. No. 43 of 1973 on the file of the Principal District Munsif (Rent Controller), Tirunelveli. Respondents 1 and 2 herein contested the petition for eviction and their main contention was that the property demised to them is not a ‘building’ within the meaning of the Act and the proceedings instituted under the Act were wholly incompetent. Chelladurai Nadar and Jaya Pandia Nadar, who were arrayed as respondents 3 and 4 before the Rent Controller, were content to plead that they had been in possession of the concerned portions for the last six years to the knowledge of Periasami Nadar and it is not tenable for him to make subletting a ground for evicting the respondents. During the pendency of H.R. C.O.P. No. 43 of 1973, Periasami Nadar died and his legal representatives were brought on record. Chelladurai Nadar, the third respondent before the Rent Controller also died and his legal representatives were brought on record. On an appraisal of the materials on record, the Rent Controller came to the conclusion that respondents 1 and 2 herein took on lease only a ‘building’ within the meaning of the Act, that the requirement of the landlords of the building for the purpose of demolition and reconstruction is bona fide and that the sub-letting is without the written consent of the landlords. However, the Rent Controller held against the landlords on the question of wilful default. On the basis of the findings rendered by him, the Rent Controller ordered eviction of the respondents before him.

2. A. K. A. Khaja Mohideen Sahib and A. K. A. Mohammed Ismail Sahib, respondents 1 and 2 before the Rent Controller, chose to file an appeal, C.M.A. No. 7 of 1974 to the Appellate Authority (Principal Subordinate Judge), Tirunelveli, against the orders of eviction passed by the Rent Controller. The Appellate Authority considered the questions involved after allowing an application, I.A. No. 45 of 1974 whereby an unregistered lease document was sought to be admitted as additional evidence. The said document was admitted and marked as Exhibit B-14. The Appellate Authority mooted out the main question for consideration as to whether the subject-matter of demise between the parties is a ‘building’ within the meaning of the Act and found the case in favour of the tenants. All the other questions involved, viz., with regard to the requirement of the premises for demolition and reconstruction practically lost their significance because the grounds for eviction could be urged only if the property demised is a ‘building’ within the meaning of the Act. However, the Appellate Authority found the points against the landlords. The present revision is filed against the orders of the Appellate Authority.

3. Mr. K. Parasaran, learned counsel appearing for the petitioners landlords, submits that the property demised in the present case would come within the definition of ‘building’ under the Act. Though it was pleaded earlier that covered structures were leased out to the tenants for the purpose of conducting a timber shop therein and that subsequen

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