1. The landlady is the petitioner herein. The landlady filed the petition for eviction against the tenant one Dr. A.C.K. Hebbar under Sec. 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended by Act 23 of 1973 (hereinafter referred to as ‘the Act’) on the ground that the petition premises was sub let to one Pachayappan, who was carrying on gunny cloth business herein. In the counter filed by the tenant, it is stated as under:—

“As regards the allegations In the counter filed by the tenant, it is stated asunder:— in para 4 of the petition this respondent denies the entire allegation as false. The petitioners son Haridas is well aware the one F.O.W. was closed and opening was made on the street side and converted into one small room for which there was no demand and therefore it was thrust on this respondent to let out at his risk as he had recommended one person and Rs. 25/- was collected from the respondent and the said small place is being used by the respondents caretaker and there is no subletting as alleged in the petition”.

2. However, both the authorities below concurrently came to the conclusion that the landlady failed to establis