ORDER

The respondent had filed a suit for declaration of a title to a suit property and for possession thereof in the year 1970. Claim for the title of the property was directed against the step-brother. In the said suit the appellant herein, who was in occupation of the premises, had been impleaded as defendant No. 3. In the written statement filed by the appellant herein he supported the case of the respondent s step-brother and he denied the title of the respondent to the said property.

2. The trial Court decreed the suit and granted a decree for declaration and possession in favour of the respondent herein. Thereupon the step-brother of the respondent filed an appeal in the Court of the District Judge, Coimbatore who by his judgment dated 31st October, 1975 in Appeal Suit No. 21/74 upheld the decree of the trial Court. While disposing of the said appeal one of the contentions which was considered by the lower appellate court was the plea which had been raised by the appellant herein to the effect that he was entitled to the benefit under the provision of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 (for short the Act ). This contention of the appellant herein was