This is an application for issuing a Writ of Certiorari to quash the order of the Subordinate Judge, Chittoor, in C.M.A. No. 41 of 1949.

The petitioner is the owner of shop No. 7/9 in Bazar Street, Chittoor. The respondent is his tenant and has been carrying on business in pulses in the said shop. In the same street, the petitioner has been carrying on a similar business in another shop. That shop is owned by one Kandappa Chetti and the petitioner is his tenant. Kandappa Chetti filed an application under the Madras Buildings (Lease and Rent Control) Act, 1949 (hereafter referred to as the Act) for evicting the petitioner. That application was dismissed. Subsequent to the dismissal of that application, the petitioner filed an application under section 7 of Act XXV of 1949 before the Rent Controller, Chittoor, for evicting the respondent. The Rent Controller dismissed that application on the ground that the petitioner failed to establish that the respondent committed any act of waste or that he has been in arrears of rent. He filed an appeal to the Subordinate Judge of Chittoor. In appeal, the petitioner’s right to evict was based upon the contention that he has no other non-re