JUDGMENT

NATARAJAN, J.:— A common judgment rendered by the High Court of Madras in a second appeal and memorandum of cross objections preferred by a lessor and lessee respectively and two connected civil revision petitions have given rise to this appeal by special leave by the tenant. The controversy in the appeal relates to the question whether the appellant is entitled to an order of court directing the sale of the leased site to him under the Madras City Tenants Protection Act (hereinafter the Act) at a value fixed by the Court. The answer to this question is dependent upon the Court finding whether the appellants tenancy rights are referable to the original lease in his favour or to an alleged new tenancy which is claimed by the respondent to have come into existence between the parties on 15-6-1966 and having effect from 25-5-1966.

2. We may now set out the facts of the case about which there is no controversy, and the history of the litigation between the parties. About 40 years prior to the institution of the suit O.S. No. 370/71 in the Court of District Munsif of Sattur the appellant had taken a vacant site on an oral lease from the vendor of the respondent on a rent of Rs.