This is a petition filed by one Jugraj Jain, a tenant, for revising and setting aside the order of the Rent Controller, Madras, dated 3rd April, 1956, in H.R.C. No. 2959 of 1955, directing his eviction and the order of the appellate authority, the Second Judge, the Court of Small Causes, Madras, in H.R.A. No. 165 of 1956, confirming the order of eviction after calling for fresh findings from the Rent Controller on remand.

The facts were briefly these. Jugraj Jain, the petitioner, took premises No. 2-A, Padavatta Amman Koil Street, Kosapet, Perambur Barracks, Madras, on rent from the respondent landlord, Ambikapathi Pillai, for Rs. 70 a month in July, 1951, for his residence. Some four months later he shifted to that house a pawn-broker’s business run by him and one Dharmachand Kanyalal Sowcar in partnership. Soon the house was crowded with people seeking to pawn their goods, and, the landlord, who was living upstairs in the same house, felt thoroughly inconvenienced and upset. He protested to the petitioner to stop his pawn-broking business in the premises which was taken only for residential purposes. The petitioner would not desist, but tried to mollify the landlord and pr