Kailasam, CJ.- This appeal is filed against the order of the City Civil Court in C.M.P.No.41 of 1975 (in O.S.No.3023 of 1961), an application under section 47 of the Code of Civil Procedure filed by the legal representatives of the deceased judgment-debtor praying for an order that the decree in S.A.No.83 of 1965 was not executable under section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act (Tamil Nadu Act XVIII of 1960). The Court accepted the contention and allowed the petition holding that the decree in the second appeal (S.A.No.83 of 1965) in favour of the appellant herein was not executable:

The decree-holder has now preferred this civil miscellaneous appeal.

2. The only question that arises for consideration in the appeal is whether the respondents are tenants entitled to the benefits of section 10 of Tamil Nadu Act XVIII of 1960. It is necessary to set out the relevant facts in this dispute between landlord and tenant which commenced in 1961 and has lasted for over fifteen years. On 20th February, 1954 a lease deed was executed between the appellant’s father (landlord) and K.D. Moorjani (tenant). On 4th April, 1961 the landlord terminated the tenancy and on 4th O

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