Act done with a view to reduce the utility or value of the building is held act of waste.

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 Commissioner has submitted a plan and report wherein he stated that the tenant has replaced the old tin roof with zinc sheet roof in certain portions and he has also provided a plywood ceiling in the main hall, that he has replaced the mud walls with brick walls and that he has also replaced the wooden pillars with brick pillars in the eastern hall. The Rent Controller went into the matter in great detail and held that far from impairing the value of the building either from the point of value or utilitarian aspect, the tenant had effected improvements to the building and as such there is no scope for the landlord to seek eviction of the tenant under Section 10(2)(iii) of the Act. Consequently the Rent Controller dismissed the petition for eviction.

3. In the appeal preferred by the landlord, the appellate authority has reversed the order of the Rent Controller. However, its reasons for doing so are not clear from its order. The appellate authority has agreed with the finding of the Rent Controller that by reason of the repairs and the changes effected by the tenant, the value of the building as well as its utilitarian purpose has been enhanced. Nevertheless the appellate authority has proceeded on the basis that the tenant has not obtained the permission of the landlord for making the changes and improvements; secondly, the tenant has burdened the landlord with liability by effecting the improvements at considerable cost and thirdly, the tenant has also put clogs in the way of the landlord seeking possession of the building for purposes of demolition and reconstruction. In accordance with such findings, the appellate authority has allowed the appeal and ordered eviction of the tenant.

4. In order to canvass the correctness of the order of the appellate authority, the tenant has preferred this revision. Before we go to the facts of the case, it will be relevant to refer to the terms of Section 10(2)(iii) of the Act. The said Section 10(2)(iii) reads as follows:

10(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied.

(iii) that the tenant has committed or caused to be committed such acts of waste as are likely to impair materially the value or utility of the building, the Controller shall make an order directing the tenant to put the landlord in possession of the building and if the Controller is not so satisfied, he shall make an order rejecting the application.

On a plain reading of the above provision, it may be seen that what is envisaged is committing of -acts of waste which are likely to impair materially the value or utility of the building. In other words, the acts of the tenant mu