Judgment

S. Saghir Ahmad, J.-The appellant who is the tenant of a vacant plot of land owned by the respondent has approached this Court against the judgment dated 5.4.1994 passed by the Madras High Court by which the respondent s second appeal was allowed and the appellant was directed to be evicted from that plot.

2. The suit (O.S. No 110 of 1981) which was filed by the respondent in the court of the District Munsif, Poonamalle for the eviction of the appellant was dismissed by that court on 5.5.1988 on the ground that the suit was instituted without first issuing notice to the appellant under Section 11 of the Tamil Nadu City Tenants Protection Act, 1921 (for short, the Act). The Sub-ordinate Judge, Poonamalle before whom first appeal A.S.No. 26 of 1989) was filed by the respondent, dismissed the appeal on 20.9.1989 and upheld the judgment of the trial court. The respondent, thereafter, filed second appeal (25 of 1990) in the High Court which, as pointed out above, was allowed by the High Court by a judgment dated 5.4.1994 on the ground that the appellant had invoked the provisions of Section 9 of the Act by making an application that the property in dispute may be directed to