JUDGMENT.— The petitioner, respondent before the lower Court, was a tenant under the first respondent in respect of one portion of a non-residential building comprised in No. 179-A, Ramakrishna Mutt Road, Myla-pore, Madras, on a monthly rent of Rs. 100. The landlord, the first respondent herein, filed an application for eviction of the petitioner on the ground that the portion occupied by the petitioner is required by the first respondent for running a tea stall and the first respondent was not in occupation of any non-residential building in the City of Madras. The Trial Court dismissed the petition holding that the first respondent had not taken steps for securing licence for running the tea stall and the requirement of the building by the first respondent was not a bona fide one. On appeal, it was held that the mere fact that the first respondent had not obtained licence from the Police and Corporation for running a tea stall in the premises cannot be considered as a fact against him, and the Corporation licence and Police licence can always be secured by the first respondent after getting the order of eviction. The appellate Court came to the conclusion that requirement of the

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