ORDER :-

KAILASAM, J.

The tenants are the petitioners. The respondent is a Charity and it applied for additional accommodation of the premises occupied by the petitioners under Section 10(2)(c) of the Madras Buildings (Lease and Rent Control) Act 1970. Various legal contentions were raised by Mr. R.S. Venkatachari, the learned counsel for the petitioners-tenants. He submitted that one of the sons of the original tenant, Sri Raman, who died in 1960 is in the Air Force and as such he belongs to the essential service, and could nor be evicted. He relied on the definition of the word tenants in Section 2(8) which includes the surviving spouse, or any son, or daughter, or legal representative of a deceased tenant who had been living with the tenant in the building as a member of the tenant's family upto the death of the tenant, and submits that the clause "who had been living with the tenant in the building as a member of the tenant's family upto the death of the tenant" would qualify only as the legal representative and not the surviving spouse, or any son, or daughter. His contention is that usual

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