THE HONOURABLE CHIEF JUSTICE:

This Letters Patent Appeal is directed against the judgment rendered by the learned single Judge in A.S. No.974 of 1990. The matter relates to the eviction under the provisions of Transfer of Property Act. Respondents 1 and 2 are the owners of the property. It devolved upon them through the original owner and that part is not disputed. The land has been given on lease to the third respondent and the third respondent had constructed the superstructure for the purpose of running a theatre to screen the movies and the lease was for 30 years from 4.6.1969. Ex.A-1 is the lease deed. The appellant is the sub-tenant of the third respondent. O.S. No.1 of 1983 was instituted on the file of the Subordinate Judge, Villupuram, for eviction on the ground of wilful default and also for forfeiture of tenancy. The trial Court dismissed the suit against which appeal was preferred. In the suit, I.A. No.77 of 1983 was filed by the appellant claiming protection under Section 9 of the Madras City Tenants' Protection Act, 1921. But the same was not considered by the trial Court on the ground that the suit itself was being dismissed against which C.M.A. No.373 of