1. Heard Mr.P.Valliappan, learned counsel appearing for the petitioner and Mr.R.Vasudhevan, learned counsel appearing for the respondent. The landlady of a premises situated in Kumbakonam is the revision petitioner in this Court. She filed R.C.O.P.No.11 of 1994 on the file of the Rent Controller, Kumbakonam seeking eviction of the respondent/tenant on two grounds, namely, demolition and reconstruction and change of user. The Rent Controller found against the landlady on the ground of demolition and reconstruction. However, an order of eviction on the ground of change of user was passed. The tenant challenged that order in an appeal in R.C.A.No.5 of 1996 before the Rent Control Appellate Authority, Kumbakonam. The appellate authority also concurred with the finding of the Rent Controller in non-suiting the landlady on the ground of the demolition and reconstruction. On the other ground on which eviction was ordered, the appellate authority took a different view and allowed the appeal. Hence, the present revision by the landlady.

2. Mr.P.Valliappan, learned counsel for the revision petitioner would contend that on the facts found by the Rent Controller as well as by the ap