The change of roof alone does not amount to 'demolition' within the meaning of S.14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

GOVINDAN NAIR, C.J. :- This is a civil revision petition against the order passed by the appellate authority under the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 (Tamil Nadu Act 18 of 1960) (hereinafter referred to as the Act), taken by the tenant complaining against the order of eviction passed by the appellate authority under S.14(1) (b) of the said Act.

2. The petition for eviction was dismissed by the first authority on the ground that the requirement of the building for demolishing and erecting a new building on the same site has not been established.

3. S.14(1)(a) and (b) and S.14(2)(a) and (b) which are necessary for our purpose run as follows -

S.14. Recovery of possession by landlord for reconstruction -

(1) Notwithstanding anything contained in this Act, but subject to the provisions of Ss.12 and 13, on an application made by a landlord, the Controller shall, if he is satisfied -

(a) that the building is bona fide required by the landlord for carrying out repairs which cannot be carried out without the building being vacated; or

(b) that the building is bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the tenant to deliver possession of the building to the landlord before a specified date.

(2) No order directing the tenant to deliver possession of the building under this Section shall be passed -

(a) on the ground specified in cl.(a) of Sub-Sec. (1) unless the landlord gives an undertaking that the building shall, on completion of the repairs, be offered to the tenant, who delivered possession in pursuance of an order under Sub-Sec. (1) for his re-occupation before the expiry of three months from the date of recovery of possession by the landlord, or before the expiry of such further period as the Controller may, for reasons to be recorded in writing, allow; or

(b) on the ground specified in cl.(b) of Sub-Sec. (1) unless the landlord gives an undertaking that the work of demolishing any material portion of the building shall be substantially commenced by him not later than one month and shall be completed before the expiry of three months from the date he recovers possession of the entire building or before the expiry of such further period as the Controller may, for reasons to be recorded in writing, allow".

The word 'repairs' referred to in S.14(1)(a) of the Act has been defined in S.2(7) thus -

" 'repairs' means the restoration of a building to a sound or good state after decay or injury, but does not include additions, improvements or alterations except in so far as they are necessary to carry out such restoration."

4. 'Demolition' mentioned in Section 14(1)(b) has not been defined under the Act nor is there any definition as to what is meant by a 'new building'. But turning to the scheme of the Act, it is clear that a freedom is given to the landlord when the requirements of S.14(1)(b) are made out, to ask for possession of the building let out, and demolish that building and on the site on which the building stood, erect a new building. Apart from the requirement of S.14(1)(b) there is the requirement under S.14(2)(b) that the landlord should undertake to commence demolishing material portion of the building not later than one month and complete the demolition before the expiry of three months from the date he recovers possession of the entire building. On failure to comply with the requirement in S.14(2)(b), the tenant can ask for recovery of possession of the building from the landlord under S.16. These provisions in S.14(1)(a) and (b) provide that the Rent Controller shall be satisfied that the requirements of the landlord are bona fide, namely for the purpose of demolishing and erecting a new building, on the site of the building. S.14(2)(b) insists that the work of demolishing a material portion of the building s