T.N. Singaravelu, J.

1. Tenant is the revision petitioner. The respondent-landlord filed an application for diction on the ground of requirement for demolition and reconstruction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. According to the landlord, the portion in the occupation of the tenant is a non-residential portion comprised of an asbestos roof and cement flooring wherein the tenant is running a flourmill. The plea of the landlord is, he wants to pull down the building and construct a pucca structure for the purpose of his own occupation. The tenant resisted the application contending that the requirement is not bona fide and that the building does not require demolition and reconstruction. The Rent Controller appointed an Advocate-Commissioner to find out the condition of the building and the Commissioner's report has been exhibited as Exhibit C-t. He then accepted the Commissioner's report as also the evidence of the landlord and found the requirement bona fide. On appeal, the appellate authority confirmed the finding of the lower Court. Hence the revision.

2. The short point for consideration in this revision petition is whe