151, Linghi Chetty Street, Madras.
The present appeal by special leave, filed by the tenant in the year 1982 is directed against the said eviction order of the Rent Controller and judgments and orders of the Appellate Authority and the High Court.
155 Old No.
Messrs Fakruddin Company is a partnership firm the business of which was formerly carried on by Thyabally Rasuljee, respondent l at number residential building No.
155 Linghi Chetty Street, Madras came to be shifted to number residential building No.
118, Linghi Chetty Street, Madras the petition number residential building of which respondent l was the landlord.
It is directed against the judgment and order dated 22.12 1981 of the High Court of Judicature at Madras in CRP No.
155 Linghi Chetty Street, Madras, taken on rent, number being his own.
Certain developments which have taken place during the pendency of the present appeal in this Court, need mention here as they directly bear on the case under appeal That in the year 1984, after an order was made by this Court on 29.4.1982, granting special leave to appeal from eviction order of the Rent Con troller and the judgments and orders of the Appellate Authority and the High Court and granting stay of eviction order operating against the tenant, partnership business of M s. Fakruddin Company which was carried on by respondent l at the rented number residential building No.
1923 of 1981 by which an eviction order made by the companyrts 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.
Messrs Super Forgings Steels Ltd, a companypany registered under the Indian Companies Act is the tenant, which was carrying on its business in a number residential building No.
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 number residential building, by stating the facts which companystituted the said ground, thus The petitioner submits that he is carrying on business in the name and style of Messrs Fakruddin Company which is a partnership firm at No.
307 Linghi Chetty Street, G.T. Madras1, which is a rented d building and there is a threat of eviction.
Though, that eviction order was challenged by the tenant before the Appellate Authority and the High Court, in appeal and revision, respectively, both the appeal and revision were dismissed by judgments and orders made in them.
The petitioner is number in occupation of an , building of his own for the business which he is carrying on anywhere in the City of Madras.
Since it was found by the Rent Controller that the facts companystituting the said ground of eviction under Section 10 3 a iii of the Act, on which the landlord had sought eviction of the tenant from the petition number residential building were satisfactorily established, eviction order was made by him in respect of the petition number residential building.
VENKATACHALA, J. This is a tenants appeal by special leave granted under Article 136 of the Constitution.
