ORDER : This is a petition under S. 115 C.P.C. to revise an order of the Subordinate Judge of Madurai, in an application made under S. 151 of the Code for a direction for refund of the court fee paid on the plaint on the ground that by reason of the Madras Buildings (Lease and Rent Control) Act 1960, as amended by Madras Act 11 of 1964, which came into force on 10-6-1964, the suit stood abated and all the rights which had accrued to the plaintiffs prior to the amendment became unenforceable, The suit is stated to be for ejectment of the defendant-tenant. The court below was of the view that inasmuch as there was no provision in the Madras Court-fees Act and Suits Valuation Act 1955, no refund of the court fee could be ordered. It also relied on Tarachand Ghanshyamdag v. State of West Bengal (S) AIR 1955 Cal 258 where the view was taken that if in the Act provision was made for refund in particular cases, but not in other cases, the inherent power under Sec. 151 of the Code, could not be invoked and the Act should be taken as exhaustive.

2. This court also took a like view in Nagarathnam, in re 1950-1- Mad LJ 222 : (AIR 1950 Mad 629). But there, Panchapakesa Aiyar directed i