RAMANUJAM, J. :- This second appeal raises a substantial question of law as to whether the filing of an application under S.9 of the City Tenants Protection Act, hereinafter referred to as the Act, by the defendant amounts to a waiver of notice under Section 11 and whether the suit out of which the second appeal arises is maintainable in spite of there being no valid notice as contemplated under Section 11.

2. The appellant-Devastanam filed a suit, O.S. 1185 of 1974 on the file of the City Civil Court, Madras, for delivery of vacant possession of the suit property bearing R.S. No. 452/29 in Nungambakkam measuring 2114 sq. ft. Its case as set out in the plaint was that the defendant became its tenant by a registered lease deed dated 4-12-1965, for a period of five years on a monthly rental of Re. 1, that the tenancy commenced from 4-12-1965 and ended on 3-1-1970, and that after the expiry of the lease the tenant was holding over without surrendering possession. Therefore, a notice was issued to the defendant on 12-5-1973, asking him to deliver vacant possession of the demised land by the expiry of the month of July 1973. In spite of the notice the defendant did not surrender