Composite lease of land and substantial structure may qualify as a building under rent control law.

A composite lease of land and a substantial structure may fall within the Madras Buildings (Lease and Rent Control) Act, 1960 if the parties intended the land and structure to be let and enjoyed together as one tenancy. The definition of "building" in section 2(2) is broad enough to include a hut or other structure let with appurtenant land. The decisive inquiry is not the label of the lease or the supposed dominant purpose alone, but the parties' intention as shown by the lease terms and surrounding circumstances. On that analysis, a premises comprising land with a material kaichalai was treated as a building and brought within rent control.

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Issues: Whether the demised premises constituted a "building" within the meaning of section 2(2) of the Madras Buildings (Lease and Rent Control) Act, 1960, so as to attract the Rent Control Act to a composite lease of land and a kaichalai.

Analysis: The definition of "building" in section 2(2) is wide enough to include a hut or other structure let separately for residential or non-residential use, together with appurtenant land. On the facts, the kaichalai was not a trivial or incidental structure but a substantial part of the premises, was specifically referred to in the lease deeds, was to be retained and returned in good condition, and was treated by the parties as a material feature of the tenancy. The proper inquiry in a composite letting is not confined to the label or the supposed dominant purpose alone, but to whether the parties intended the land and the structure to go together as one letting. The circumstances showed a composite lease of both land and building, not a lease of vacant site alone.

Conclusion: The demised premises were a building within section 2(2), and the Rent Control Act applied. The appeal therefore failed.

Final Conclusion: A composite lease of land with a substantial structure intended to be enjoyed and retained with the premises falls within the statutory definition of "building" where the parties intended the land and structure to be let together.

Ratio Decidendi: In a composite letting, the decisive test is whether the parties intended the land and the structure to be enjoyed together as one tenancy; if so, the lease is one of a building within the rent control definition even though the land may be extensive and the structure ancillary in appearance.

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