Tenants in R.C.O.P. No.25 of 1992, on the file of District Munsif s Court, Erode - Rent Controller, are the revision petitioners.

2. Landlord who is the sole respondent in this revision sought eviction of the petitioners on the ground that the building is required for their own occupation, partly for residential and partly for non-residential purpose. It is the case of the landlord that he has no other building of his own for the purpose of doing business and also to reside, and it is a residential building that has been taken on rent by these revision petitioners, for using same for non-residential purpose.

3. Themain ground in the petition that was raised by the revision petitioners was that the petitioners cannot seek eviction of the building for residential as well as non-residential purpose, when the letting was for non-residential purpose alone. They also disputed that the building is a residential building.

4. The Rent Controller believed the evidence of the landlord and ordered eviction. He permitted the landlord to get possession holding that the building is required for residential as well as non-residential purpose.

5. The matter was taken in appeal before