ORDER:- Petitioner Ethiraj was the defendant in ejectment suit No.306 of 1961 on the file of the court of Small Causes, Madras. He filed an application under S.9 of the Madras City Tenants Protection Act for directing the respondent (Plaintiff) to sell the suit site to him for a price to be fixed by the court. The learned Judge of the Small Cause Court, who heard the case, decided it in his favour- But on appeal the Chief Judge of the Court of Small Causes, Madras, held that the petitioner had not proved that he had become a tenant before the amendment of the Act and that he was, therefore, not entitled to the benefit of the Act. The petitioner filed C.R.P. No.2069 of 1963 in this court, and Alagiriswami J. allowed the civil revision petition and remanded the case to the trial court solely on the ground that, as an appeal lay against the order passed under Section 9 of the Madras City Tenants Protection Act, the provisions of Order XVIII, Rule 5, C.P. Code should be complied with and that evidence should have been recorded completely, instead of taking merely a memo of evidence. When the matter went back before the Fourth Judge of the Court of Small Causes, Madras, he took