These two revision petitions are taken up with the consent of parties. The short facts which are necessary for the purpose of deciding these revisions are as follows: The respondent herein filed R.C.O.P. No.273 of 1988 and R.C.O.P. No.274 of 1988 for eviction of the petitioner from premises No.188, Linghi Chetty Street, Madras-1 and No.134, Angappan Naicken Street, Madras-1 under Secs.10(2)(i) and 10(2)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23 of 1973 (hereinafter referred to as ‘ the Act ’ ). The two grounds for eviction are that the petitioner is guilty of wilful default in payment of rent from 1.3.1987 to 30.11.1987 and that he has committed an act of waste impairing materially the value of the building and utility thereof. The petitions wee contested by the petitioner on the ground that there was no relationship of landlord and tenant as defined by the Act, as the parties were co-owners. It was contended on behalf of the petitioner that a petition for eviction under the provisions of the Act could not be maintained by one co-owner against another co-owner.

2. The Rent Controller held that there was a relationship of land