In his evidence as P.W.1, the landlord stated that he had let out the premises for running a shoe mart and he had number entered into any other agreement permitting the tenant to sell readymade garments in the premises.
The appellant resisted the claim.
While carrying on his business, the tenant had used a part of the premises for carrying on a trade in readymade garments and that amounted to a user of the building by the tenant for a purpose other than that for which it was leased, within the meaning of Section 10 2 ii b of the Act.
638 at Mount Road, Madras 6 under your occupation.
He thus prayed for dismissal of the petition for eviction.
But, there was an agreement to allow him to sell decoration materials but the tenant was number selling them.
Exhibit B 1 letter, written by the landlord to tenant referred to and quoted by the Rent Controller, shows that the tenant was entitled to companytinue the tenancy with the present increased rent, on the premises, with all tenancy rights including the rights of putting up boards and painting on the walls of the portion of the premises, No.
The evidence indicates that at the relevant time, the tenant wanted to start a business in sale of leather goods, particularly shoes, and for that purpose he took the building on lease.
There is numberlease deed executed by the parties evidencing the transaction.
There was a prior proceeding in which there was a companypromise and the building was re let to the tenant after it was re modeled or re constructed.
24112 of 2002 K. BALASUBRAMANYAN, J. Leave granted.
A1, to A4, the landlord examined himself as P.W.1 and examined the Engineer who prepared Ex.
Arising out of Special Leave Petition Civil No.
Thus, the landlord claimed eviction of the tenant, the appellant, on these two grounds.
In addition to marking Ex.
B2 report and examined himself as R.W.1 and examined the engineer who prepared Ex.
A room in a building in Thousand Lights, Mount Road Madras, is the subject matter of this proceeding.
The respondent landlord leased that room, a building as defined in the Tamil Nadu Buildings Lease and Rent Control Act, 1960 to the appellant.
