R. Sengottuvelan, J.

1. An interesting question of law, viz., whether a vacant site with only an asbestos sheet roofed shed in the middle of the premises supported by wooden poles without any enclosure and open on all sides constitutes a building as defined under Section 2(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, arises for determination in this civil revision petition. The civil revision petitioner is the landlord in respect of the premises bearing door No. 116, T.P.K. Road, Ward No. 19, Madurai town, measuring an extent of 33ft. north-south and 148 ft. east-west barring an extent of 17 ft. north-south and 70 ft. east-west in the north western corner was leased to1 the third party. It is the admitted case of the landlord as well as the tenant that what was leased out is the vacant site with only one asbestos sheet roofing in the middle supported by wooden poles without any enclosure with open sides. The agreed monthly rent is Rs. 400. The landlord filed R.C.O.P. No. 25 of 1978 on the file of the Court of the Rent Controller, Madurai, for eviction of the tenant on the ground that the tenant had committed wilful default in payment of rent for the period of