K. VEERASWAMI, C. J. :- The second appeals and civil revision petitions have been placed before us because they raise a common question as to the jurisdiction of the Additional District Munsif, Madurai, to perform, the functions of a Controller under the Madras Buildings (Lease and Rent Control) Act 1960. The courts below have held that he has jurisdiction. The petitions arise from eviction orders passed by the Additional District Munsif, to whom, apparently, under the administrative directions of this court with reference to the file of the Principal District Munsif, the petitions for eviction had been transferred. The second appeals arise out of suits instituted by tenants to declare the invalidity of the eviction orders which had become final under the provisions of the Act, on the ground of total want of jurisdiction in the Additional District Munsif.

2. The view of the courts below, which is assailed before us, is that the Additional District Munsif, though he had no de jure powers as a Controller, inasmuch as he had factually functioned as a Controller, the validity of his orders should be upheld. In our opinion, it is

not a correct view to take. Acts done under colour