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1989 Supreme(Mad) 330

K.M.NATARAJAN
M. Aishath Najiya – Appellant
Versus
Lalchand Kewalram – Respondent


JUDGMENT

K.M. Natarajan, J.

1. On a reference made by the learned Chief Justice, the matter came up before this Full Bench to resolve the apparent conflict between the judgments of the Division Benches of this Court in V. Danmull Sowcar v. Syed Ali Mohamed (1969) 1 M.L.J. 184 and V.R. Jayaram v. N.S. Ramalingam 1975 T.L.N.J. 393. The questions that requires an answer by us in this reference is whether the landlord is entitled to maintain an application for eviction under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act) on the ground of requirement of the premises for accommodating the partners business where one of the members of the family is a partner C.R.P. No. 2791 of 1983 arises out of a petition in H.R.C.O.P. No. 352 of 1981 wherein it is stated that the non-residential premises bearing new Door No. 10, Rattan Bazaar Road (and new Door No. 10, Ashtabujam Lane) described as item 1 and 2 in the schedule, were let out to the first respondent. The petitioner is carrying on business in partnership under the name and style of 'Mahnoor' at Door No. 208, Purasawakkam High Road which is a rented building. Since the petit




























































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