1. Tenant who was directed to vacate the premises by the Appellate Authority, has come to this Court, challenging the decision. Respondent herein filed R.C.O.P. No. 38 of 1986, on the file of Rent Controller, Dindigul.

2. In his Eviction Petition, respondent alleged that he is living in the upstair portion of his house with his family and children. His eldest son is a licensed stamp vendor, and his wife is also doing business in the upstairs portion, selling betel-nut leaves. The younger son is studying in school and the daughter is undergoing Teachers Training. It is alleged that the petitioner/landlords wife and son who are doing business in the upstairs portion find it very difficult to carry on their business, and there is no sufficient space for all the members of the family to live together. Children are also growing. The accommodation is insufficient. Hence the landlord filed the Eviction Petition.

3. Petitioner herein is a tenant in respect of a portion of the premises and, therefore, the same is required as an additional accommodation for the eviction petitioner and the members of his family for the purpose of residence as well as for doing business. A notice w