S. Nainar Sundaram, J.

1. The legal representatives of the deceased original plaintiff are the appellants in the second appeal. The respondents are the successors in right, title and interest of the original defendants. I do not propose to dwell in ex ten so over the factual details of the controversy since I am inclined to remit the matter back for a fresh consideration to the lower appellate court taking note of a point of law advanced by Mr. M.R. Narayanaswami, learned Counsel appearing for the appellants. However, certain broad facts need delineation.

2. The suit property being a site was the subject-matter of a demise by way of a lease by the plaintiff to and in favour of the first defendant. That lease was duly determined and on such determination the plaintiff laid the suit for recovery of possession and for damages for use and occupation. The contesting defendants would resist the claim for recovery of possession and would plead that they would be entitled to protection under the Tamil Nadu City Tenants Protection Act, 1921 (Act III of 1922), hereinafter referred to as 'the Act'. There was an independent application taken out by the second defendant under Section 9 of