ANANTANARAYANA AYYAR, J.

( 1 ) THE petitioner Sri Kama Co-operative Building Society, Feels aggrieved by the order passed by the learned Subordinate Judge, Visakhapatnam in I. A. No. 61 of 1961 in C. M. A. No. 5 of 1961.

( 2 ) RELEVANT facts are as follows:-- Bhanoji Rao, who is the sole respondent in this revision petition, filed a petition before the House Real Controller. Visakhapatnam for eviction of Co-operative Society, who is the sole petitioner in this revision petition, on the basis that the Co-operative Society was a tenant of certain premises mentioned by the petitioner. The Society raised a contention that it was not tenant under Bhanoji Rao and that it was the owner of the premises under a purchase which had been made many years back.

( 3 ) THE Madras Buildings (Lease and Rent Control) Act, 1949 (Madras Act XXV of 1949) applies to the case. Section 7 of that Act runs as follows:"a tenant shall not be evicted whether in execution of a decree of otherwise except in accordance with the provisions of this section. **** Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the (Controller shall decide, whether the deni

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