A tenant who commits acts of waste or unauthorized sub-letting is liable to be evicted from the rented premises.

1. Tenant in R.C.O.P No. 13 of 1987, on the file of Controller-Cum-District Munsif, Arkonam is the revision petitioner.

2. Eviction petition was filed by the first respondent herein on the ground that the petitioner herein has committed wilful default in paying the rent. He has also staled that the building is required for the owners occupation. Further grounds of eviction are, unauthorised sub-letting and acts of waste alleged to have been committed by the tenant materially affecting the utility of the building.

3. In this Revision we are concerned only with the grounds of sub-letting and acts of waste. The other two grounds of wilful default and owners occupation were found against the landlord. The landlord has not filed any Revision, and the same has become final.

4. In so far as the ground of sub-letting is concerned, the case put forward by the first respondent is that the second counter petitioner in the eviction petition has been unauthorisedly inducted into the building where he is doing watch repairing business. It is said that the tenancy was with the petitioner herein, who was conducting a provision store. At present, he is not making use of the demised building and the same is in the possession of the second counter-petitioner to the eviction petition. It is further alleged by the landlord that the revision petitioner herein has committed acts of waste, which have materially impaired the utility and value of the building. It is further said that some changes have been made to the shop building which have affected the utility of the building.

5. The Rent Controller as well as the Appellate Authority came to the conclusion that the landlord is entitled to succeed both on the ground of sub-letting and also on the ground that the tenant has committed acts of waste, materially affecting the value and utility of the building.

6. When the allegation of sub-letting was made, it was answered by the revision petitioner stating that he is still continuing his business in provision store, and that there is no watch repairing business at all in the scheduled premises. Documentary evidence was filed to show that a portion of the building is occupied by a stranger. The documentary evidence was in the nature of photographs with negatives. Initially, the photographs were challenged as if they do not relate to the scheduled building. But subsequently, after examining the photographer and also after the identity of the building was proved, the revision petitioner also did not seriously challenge the identity. Before this Court also, learned counsel for the revision petitioner did not challenge that part of the finding by the Rent Controller. When the photographs and negatives were filed before the Rent Controller to show that there was watch repairing business going on in the building in question, the revision petitioner changed his stand. He said that the watch repairing business is conducted by his son, who is assisting him. He still continues to be in legal possession, and that there was no sub-lease. He also contended that there was no monetary consideration for his son doing business in watch repairing, and there is no exclusive possession given to the so called sub-lessee. When such a contention was put forward, the landlord wanted to identify the person seen in the photograph, who was doing the watch repairing business. Admittedly the person who was conducting the watch repairing business and shown in the photograph was not the son of the tenant.

7. Before eviction petition was filed, suit notice was issued both to the revision petitioner and the so called sub-tenant. The second counter petitioner to the eviction petition received the suit notice in the address of the scheduled building. So far as the landlord was concerned, he received the same in his house address. While summons was taken after the eviction petition was filed, the second counter petitioner refused to accept the same. At the same time, it also came