1. The tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as ‘the Act’), against whom eviction order has been passed concurrently by both the Authorities below under S. 10(3)(c) of the Act”, has preferred this revision:

2. The only contention of the learned Counsel for the petitioner is that there is no plea by the landlords regarding the relative hardship spoken to under S. 10(3)(c) Proviso of the Act and that yet, the Court below has erroneously passed the eviction order. The said provision, S. 10(3)(c) Proviso runs as follows:—

“Provided that, in the case of an application under clause (c) application if he is satisfied that the hardship which may be caused outweight the advantage to the landlord.”

the Controller shall reject the to the tenant by granting it will

According to the said counsel, when there is no such plea, no amount of evidence can be looked into relating to the said aspect and in a petition under S. 10(3)(c) of the Act unless the Court could go into that aspect and come to a decision regarding the same in favour of the landlord, no eviction order could be passed. In this connection he also relies on Radhakri