Comparative hardship test is mandatory in additional accommodation eviction claims; omission vitiates the eviction finding.

In an eviction claim for additional accommodation under the Tamil Nadu Buildings (Lease and Rent Control) Act, the statutory comparative hardship test was mandatory. The authority had to weigh the hardship to the tenant against the advantage to the landlord before granting relief, and the High Court erred by affirming eviction without applying that proviso. The omission was material because later events showed part of the premises had already come into the landlord's possession and another eviction proceeding was pending. The eviction finding could not stand, and the connected revision petitions were remitted for fresh disposal in accordance with law.

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Issues: Whether an eviction petition under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 could be sustained without considering the proviso requiring the Controller to reject the application if the hardship to the tenant outweighed the advantage to the landlord.

Analysis: The proviso to clause (e) of Section 10(3) makes it obligatory to weigh the hardship likely to be caused to the tenant against the advantage to the landlord in every application for additional accommodation under clause (c). The High Court failed to advert to this mandatory statutory requirement while affirming eviction on the ground of additional accommodation. The omission was material, particularly in view of the subsequent events showing that part of the premises had already come into the landlord's possession and that proceedings were pending for eviction of another tenant.

Conclusion: The eviction finding could not be sustained without application of the comparative hardship proviso, and the matter was remitted for fresh disposal of the connected revision petitions in accordance with law.

Ratio Decidendi: In an eviction claim for additional accommodation, the authority must mandatorily apply the statutory comparative hardship test before granting relief.

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