Srinivasan, J.

1. The suit out of which these proceedings arise is one for ejectment of a tenant of the plaintiff. It is not necessary to set out all the facts in view of the position that the tenancy is now an admitted one. The only question that is raised in the proceedings is whether the tenant is entitled to the benefits of the City Tenants' Protection Act.

2. Prior to the filing of this suit, the plaintiff filed a suit, O.S. 1017 of 1973 for recovery of possession against the same tenant. That suit was decreed by the District Munsifs Court, Thanjavur, but when the appeal was pending in the Sub Court, the Tamil Nadu City Tenants Protection Act was extended to the area in which the property is situated. On such extension of the Act, the appellate Court took the view that the suit was not maintainable because of the absence of a notice under Section 11 of the Act. The landlord was directed to issue a notice and take fresh proceedings for eviction and the appeal by the tenant was allowed on such directions.

3. Consequently, the present suit came to be filed after issue of a notice by the landlord. In this suit the tenant claimed the benefits of the Tamil Nadu City Tenants Pro