- (1.) This is a tenant's appeal by special leave granted under Article 136 of the Constitution. It is directed against the judgment and order dated 22/12/1981 of the High court of Judicature at Madras in CRP No. 1923 of 1981 by which an eviction order made by the courts below against the tenant/appellant under Section 10 (3 (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 "the Act", was affirmed.
(2.) Messrs Fakruddin and Company is a partnership firm the business of which was formerly carried on by Thyabally Rasuljee, Respondent 1 at non-residential building No. 155, Linghi Chetty Street, Madras, taken on rent, not being his own.
(3.) Messrs Super Forgings and Steels Ltd, a company registered under the Indian Companies Act is the tenant, which was carrying on its business in a non-residential building No. 118, Linghi Chetty Street, Madras "the petition non-residential building" of which Respondent 1 was the landlord. The landlord filed a petition against the tenant on the ground available to him under Section 10 (3 (a) (iii) of the Act before the Rent Controller at Madras for eviction of the tenant from the petition non-residential building, by stating the facts which constituted the said ground, thus: "The petitioner submits that he is carrying on business in the name and style of Messrs Fakruddin and Company which is a partnership firm at No. 155 (Old No. 307, Linghi Chetty Street, G. T. Madras-1, which is a rented building and there is a threat of eviction. The petitioner is not in occupation of any building of his own for the business which he is carrying on anywhere in the city of Madras. ";