S.NATARAJAN
R. R. Dinakaran – Appellant
Versus
S. L. Chinnakuppuswami – Respondent
S. Natarajan, J.
1. This revision under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act (1960), hereinafter referred to as the Act, has been preferred by a tenant, who is aggrieved against an order of eviction passed by the appellate authority against him under Section 10 (2)(iii) of the Act.
2. Admittedly the respondent herein, who is the landlord, has leased out the petition premises to the petitioner for nonresidential purposes, to wit, running a hotel. Originally the petitioner had taken the building on lease from the respondent's father, but subsequently on partition in the family, the petitioner had attorned the tenancy to the respondent and has been paying the agreed rent of Rs. 100 per month. On the ground that the tenant had committed acts of waste in the building and thereby impaired materially the value and utility of the building, the respondent filed R.C.O.P. No. 559 of 1978 under Section 10(2)(iii) of the Act for evicting the petitioner. Besides recording the evidence of the parties in the "enquiry" before him, the Rent Controller also issued a warrant of commission and had the premises inspected by an Advocate-Commissioner. The Advocate Commiss
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