Tenant in R.C.O.P.No.1260 of 1993 on the file of Rent Controller XI Judge, Court of Small Causes, Madras, is the revision petitioner. In this revision petition, court is concerned only about one ground of eviction i.e., under Sec.10(2)(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.

2. According to landlord, tenant has demolished the walls, changed the roof and has committed such acts of waste that have materially affected the value and utility of the building.

3. Exs.P-13, P-14 and P-15 are various photographs and its negatives. To substantiate the case that tenant has committed act of waste, landlord got himself examined and also the photographer who has taken the photographs. Against the evidence of landlord, tenant also led evidence as D.W.1.

4. After evaluating entire evidence, Rent Controller was of the view that mere production of photographs are not sufficient to prove that the value and utility of the building is materially affected and there must be some independent evidence to substantiate the same. On the ground that the case has not been substantiated,