The facts of this case are briefly these: The petitioner is living in a house in Madras City formerly owned by one Baggiammal, wife of one Babu Mudaliar, from whom the respondent has subsequently bought it for residential purposes. The respondent got an order from the Additional Rent Controller, Madras, on 6th September, 1947, directing the petitioner to vacate and hand over possession of the premises to her on or before 31st October, 1947. Before the Additional Rent Controller the petitioner had contended that a portion of the house was used by him for non-residential purposes, viz., for making appalams, or pappadams, and that, therefore, the Additional Rent Controller could not order eviction under the Act since the respondent wanted the house only for residential purposes. The Additional Rent Controller has remarked as follows in the course of his order:

“Further, a premises is residential or not residential according to the main purpose for which it was taken. It is not the respondent’s case that he took the premises or portion of it for making appalams. Respondent admits that even the portion of the house used for making appalams is used as sleeping apartments during th