The respondent-landlord applied for eviction of the petitioner-tenant from premises No. 13, Kasi Chetty Street, Madras-1, under section 10(2) (iii) of the Madras Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) on the ground that he had committed acts of waste which have impaired the value and utility of the building. It was the respondent’s case that the petitioner has unauthorisedly and without the respondent’s knowledge and consent demolished a portion of the roof in the first floor, removed the Burmah teak-wood rafters, planks, doors and windows, thus considerably damaging the old building, that a new staircase has been put up leading from the first floor to the second floor and that he had also loaded the beams of the ground floor by putting up a balcony in the first floor without the knowledge and consent of the respondent. By a notice, Exhibit P-3, dated 7th November, 1966 the respondent terminated the tenancy of the petitioner.

2. The petition for eviction was resisted by the petitioner on the following grounds: The respondent which is a firm of partnership was not the owner of the premises, that one Govind Dass is the owner of th