1. This is a revision petition by the landlady whose petition for eviction against the respondent-tenant filed under S. 10(3)(a)(iii), of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 (hereinafter called the Act) was allowed by the Rent Controller but the order was set aside by the appellate authority.

2. The landlady is admittedly the owner of shop No. 4, at No. 36 Mukathal St, Madras-7. The tenant who deals in ready made, clothes has a tailoring shop in the premises in question. He has two other premises in the same street in which he is carrying on business. Originally, the landlady had filed two petitions claiming possession on different grounds being H.R.C. 3089 of 1979 and 3928 of 1980. Both of them were dismissed for default and it appears that the landlady also failed in her attempts to get these proceedings restored to file.

3. The landlady then filed the present petition on 2nd April, 1982 on the ground that she was making home made condiments and pickles and that her son was also unemployed and she, therefore, needed the shop in question for her own use for running her said business as according to her because of lack of space she could not