No interference by High Court with the concurrent findings of fact is required unless the same be perverse.

1. The tenant who suffered eviction before the authorities below has filed the above revision.

2. The landlord filed R.C.O.P. No. 1361 of 1990 on the file of the learned Rent controller/XVI Judge, Court of Small Causes, Madras under Sections 10(2)(ii)(b) and 10(2)(iii) of Act 18 of 1960. According to the landlord, the tenant had constructed a pucca wall from floor to ceiling level in the central hall of the two floors in between two pillars, in the building in question thereby the central hall had been partitioned into two portions. He had put up a door way in the said wall. Apart from that he had raised a wall in the open terrace and covered the same with asbestos sheet thereby converting the open terrace into a constructed portion. According to the landlord the said additions and alterations are unauthorised and without any permission. Since the building is very old and aged one it would not bear any extra weight that may be put up by the tenant. The said constructions have materially impaired the value and utility of the building. According to the landlord, the tenant has put up unauthorised construction and has been using the second floor for dwelling purposes which is not the purpose for which the building was let out. The tenant contested the petition by filing counter. According to the tenant he raised a small wall preventing access to the adjacent owners and since the light ro of ing has become old and leaky, he has provided A.C. sheet ro of ing over and above the false ro of ing. With respect to the wall in the ground floor it is the case of the tenant that he has raised a wall only to the height of 4 feet running to a length of four feet in order to make the entire ground floor available to the tenant. he denied the allegation that he is using the second floor for dwelling purpose. The Rent Controller has not accepted the case of the landlord under Section 10(2) (ii)(b), but he has ordered eviction under Section 10(2)(iii) of the Act, accepting the case of the landlord. The tenant filed the appeal R.C.A. No. 859 of 1992. The learned Appellate Authority/VII Judge, Court of Small Causes, Madras also confirmed the order of the Rent Controller and dismissed the appeal. Aggrieved against the same, the tenant has filed the above Revision.

3. The respondent/landlord filed the eviction petition under Sections 10(2)(ii)(b) and 10(2)(iii) of the Act. The prove his case that the construction of wall in the ground floor and the additional construction put up in the second floor of the building by the tenant will impair the value and utility of the building, he examined himself as P.W.1. In his evidence he has stated that"

TAMIL

In the cross-examination, R.W.1 has admitted that at the time of leasing out the building the wall in the second floor was only 3 height and now it has been raised to 6 and he has constructed on the parapet wall to the height of 6 and to the length of 18. The engineer who has been examined as R.W.2 has stated in his chief-examination that merely because of some addition by the tenant there will not be any damage to the building. From a reading of the cross-examination of R.W. 2 would show that he has not noted so many important aspects with respect to the constructions. He has admitted that he has not decided the strength of foundation. In the report marking as Ex.R.5 R.W.2 has stated that new zinc sheets are provided over the light ro of ing to prevent leakage. He has not stated as to how he came to know about the leakage personally and the way in which the report is given will show that he has given the report only to help the case of the petitioner/tenant. Both the authorities below found that the tenant has raised walls over the parapet wall and covered the same with zinc sheets which will impair materially the value and utility of the building. It is the specific case of the landlord that the strength of the building will be affected in view of the new constructions made by the tenant. The le