Judgment

VAIDIALINGAM, J.:- The short question that arises for consideration in this appeal by special leave, is whether the order dated March 31, 1969, passed by the Court of Small Causes, Madras, in H. R. C. No. 983 of 1968 directing the eviction of the respondent-tenant is a nullity and as such not executable. The facts leading upto the passing of the order may be stated:

2. The appellant was occupying a premises in Madras as a tenant. His landlady filed an application H. R. C. No. 1924 of 1967 seeking eviction of the appellant on the ground that she bona fide required the premises for her own occupation. At that time the suit premises No. 64, Lloyds Road, Royapettah, Madras-14, was advertised for sale. The appellant for purposes of his occupation purchased the premises on October 23. 1967, as per registered document No. 1633 of 1967 in Sub-Registrar s Office, Mylapore. The respondent was then a tenant of the suit premises under the vendor. After the purchase, he attorned in favour of the appellant and has been paying rent. An eviction order was passed by consent against the appellant in H. R. C. No. 1924 of 1967 on January 27, 1968. He was given time till January 27, 1969, to vacate the premises, of which he was in occupation as a tenant, by virtue of the said decree. On the same day i. e. January 27, 1968, the appellant issued two notices to the respondent his tenant, in respect of the suit premises terminating the tenancy of the Respondent under Section 106 of the Transfer of Property Act and calling upon him to quit and deliver vacant possession on February 29, 1968. The two notices were given because of the fact that the first notice had asked for vacant possession on February 28, 1968 and to avoid any objection regarding the first notice probably the second notice was also given asking for possession on February 29, 1968. In both the notices. the appellant had referred to the purchase of the bungalow in question for his own occupation and also attributed knowledge of the said purpose to the tenant. There is a reference to the appellant being a tenant of premises No. 2, Lakshmipuram, 1st street, Madras-14, and to his having no other house of his own in the city of Madras except the suit premises. It is further stated that in view of the fact that an eviction order against him has been passed on January 27, 1968, in H. R. C. 1924 of 1967, the appellant requires his own bungalow, namely, the suit premises in the occupation of the respondent for his own bona fide use and occupation.

3. As the respondent did not surrender possession of the premises, the appellant filed H. R. C. No. 983 of 1968 in the. Court of Small Causes, Madras under Section l0 (3) (a) (i) of the Madras Buildings (Lease & Rent Control) Act, 1960 (thereinafter referred to as the Act). In this petition, after referring to the purpose of the suit premises, as well as the order of eviction passed against him in H. R. C. No. 1924 of 1967, the appellant has stated that he has no other house of his own anywhere in the city of Madras excepting the suit premises of which the respondent is the tenant. He has further averred that he has terminated the tenancy of the respondent by issuing notices on January, 27, 1968, and that the tenant has not vacated the premises though he has received the notice. There is also a reference to the fact that the respondent is not in essential service and that the suit premises is not exempt under Section 30 of the Act. He has further stated that he requires the house for his bona fide use and occupation. Accordingly he prayed for eviction of the respondent and for possession being delivered to him.

4. The respondent filed two counter-affidavits, one on July 19, 1968 and another on January 14,1969. In the former he has raised the contention that he is not a tenant of the suit premises, either under the appellent or under the previous owner of the premises. According to him, the tenant of the premises was and continues to be at the rele