This revision petition is at the instance of the tenant against whom an order of eviction has been passed. The respondent filed R.C.O.P. No. 1413/86 For eviction under S. 10(2)(iii) of the Tamil Nadu Building (Lease and Rent Control) Act, hereinafter referred to as the ‘Act’, on the ground that the petitioner has committed acts of waste which are likely to impair materially the value or utility of the premises let. The respondent filed an application under S. 11 of the Act in M.P. No. 1414/of 1986. That was contested by the petitioner. The petitioner contended that what was leased to him was only the land and not the building and the provisions of the Act would not apply. According to him, even the petition for eviction was not maintainable. In the petition under S.ll also he raised the same dispute.

There was no dispute with regard to the rent payable by the petitioner to the respondent. Nor was there any dispute as regard the quantum of arrears at the time when the application under S.ll of the Act was filed. What happened was that the petitioner was sending rent by money order showing it as rent for land. The respondent had refused to receive the same as he had shown i