The question raised in this Civil Revision Petition is whether a wholesale merchant carrying on business in a premises belonging to him or to which he is entitled under the Madras Buldings (Lease and Rent Control) Act, 1949 can evict his tenant in another premises either belonging to him or to which he is entitled under the Act, to enable him to carry on a retail business in respect of the very commodity dealt with by him as a whole-sale dealer. The answer to this question depends upon the proper construction of section 7 (3) (a) (iii) of the Madras Buildings (Lease and Rent Control) Act, 1949. Though this Act has now been replaced by another recent enactment, it is common ground that this case is governed by the old Act of 1949. The petitioner in this Revision Petition who is the tenant has been evicted by order of the House Rent Controller in H.R.C. No. 1353 of 1959 and his order has been confirmed by the Court of Small Causes at Madras in H.R.A.No. 134 of 1961. Hence this Revision Petition has been preferred by the aggrieved tenant.

The facts as admitted or found by the Courts below are as follows: In respect of premises No. 6/285, China Bazaar Road, the respondent is