( 1 ) THIS is an appeal brought by the defendant as against the judgment and decree of the Additional Subordinate Judge of Guntur in O. S. No. 50 of 1950. The suit was instituted by the respondent herein for recovery of the arrears of rent and possession of the plaint scheduled property or in the alternative for payment of the balance of security deposit. Her case was that the plaint scheduled property was granted on lease to the appellant herein on 26-4-1947 and that the lease was for a period or five years. She filed an application under S. 7 of the Madras Buildings (Lease and Rent Control) Act, 1946, hereinafter referred to as the Act, for eviction of the appellant herein. The application was dismissed on 2-4-1949. She thereupon preferred an appeal to the Subordinate Judge of Guntur in C. M. A. No. 60 of 1949, and the learned Judge held that the provisions of the Rent Control Act did not apply, and consequently dismissed the appeal. The suit was therefore filed both for recovery of the arrears of rent and for possession of the plaint scheduled property. During the pendency of the suit, the lease had expired and me respondent filed I. A. No. 793 of 3952 for amendment of the plain

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