JUDGMENT: The substantial question of law framed in the second appeal is as follows:

Where the plaintiff and the defendant did not dispute the identity of the property, to which the defendant is the tenant, whether it is open to a Court to non-suit the plaintiff solely on the ground that a wrong door number has been given to the property?

2. The plaintiff in O.S. No.1534 of 1982 on the file of the Additional District Munsif, Madurai, is the appellant in the second appeal. It filed the suit for recovery of possession alleging as follows:

It is the owner of the suit property. It orally leased out the same to the respondent on monthly rent. It requires the property to locate its Information Centre, and for opening a book stall regarding Saiva Sithanda philosophy and various literary works. The respondent refused to surrender possession of the property despite notice and request.

3. The respondent resisted the suit contending inter alia that he is a tenant only in respect of the site, that the superstructure was put up by him, and that he is entitled to the benefits of Tamil Nadu City Tenants Protection Act.

4. The trial Court framed the necessary issues and on the oral and documentary evid

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