Purposive reading of "building" under rent control law can extend protection to land, sheds and enclosed theatre premises.

In construing the Madras Buildings (Lease and Rent Control) Act, 1946, the article explains that "building" may be read in its ordinary and purposive sense to include not only the superstructure but also the site, sheds, compound walls and enclosed vacant space let and used as one functional unit for a theatre business. It also notes that the term "appurtenant" is broad enough to cover grounds usually enjoyed or occupied with the building. On that approach, such leased premises fall within the statutory definition of a building and attract tenant protection against eviction.

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Issues: Whether the property leased to the first defendant constituted a "building" within the meaning of Section 2(1) of the Madras Buildings (Lease and Rent Control) Act, 1946, so as to attract the tenant's protection under the Act.

Analysis: The lease was construed in the light of the surrounding circumstances and the prior leases. The subject matter was not merely open land; it comprised the site under the theatre structure, the existing sheds, the compound walls and the vacant space within the enclosed premises used as a single unit for the theatre business. The expression "building" in the Act was read in its ordinary and purposive sense, having regard to the object of the statute to control rents and prevent unreasonable eviction. The word "appurtenant" in the definition was treated as broad enough to include grounds usually enjoyed or occupied with the building. On that construction, the site supporting the theatre and the enclosed premises let with it fell within the statutory concept of a building.

Conclusion: The leased premises were held to be a "building" within Section 2(1) of the Act, and the first defendant was entitled to rely on the Act's protection against eviction.

Final Conclusion: The appeal failed because the premises fell within the rent control definition of a building, with the result that the suit for recovery of possession could not succeed against the protected tenant.

Ratio Decidendi: In construing a rent control definition of "building", the court may adopt the ordinary and purposive meaning so as to include not only the superstructure but also the site and enclosed grounds let with it when they form one functional unit appurtenant to the building.

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