JUDGMENT

VENKATARAMIAH, J. :—The question involved in this case is whether a suit for ejectment filed in respect of any non-residential building or part thereof pending before any court on the date on which the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Act No. XVIII of 1960) (hereinafter referred to as the principal Act) was amended by the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1964 (Act No. XI of 1964) (hereinafter referred to as the Amendment Act) could have been proceeded with after that date. It arises in the following circumstances :

Haji Mohamed Hussain Sait, the father of the plaintiff, Haji Abdulla Sait was the owner of a building situated in the city of Madras. He leased it out in favour of the defendant, K. Seetharama Rao under a lease deed dated July 8, 1940 for the purpose of running a restaurant known as Modern Cafe in it for a period of three years with effect from July 15, 1940 on a monthly rent of Rs.950. The agreed period of lease expired in July, 1943 but the defendant continued to be in possession of the building as a tenant holding over. On the coming into force of the Madras Non-residential Buildings Rent Control Order in 194