JUDGMENT: The plaintiffs having aggrieved by the judgments and decrees of the Courts below have filed this second appeal.

2. The suit property originally belonged to one C.A. Narayana Rao. He bequeathed life interest in the property mentioned in ‘A’ Schedule to the will annexed to Ex.A-5 in favour of his first daughter Rukmani Ammal, and thereafter absolutely to his grandsons born to Rukmani Ammal. The said Will was probated in O.P. No.118 of 1961. The respondent claiming that he is the tenant with respect to the vacant land bearing plot No.107, Door No.29, Deenadayalu Street, T.Nagar, Madras-17, measuring an extent of 1124 sq.ft. filed a petition under Sec.9(1)(a)(ii) of the Madras City Tenants Protection Act, 1921, (hereinafter called ‘the Act’) in eject O.P. No.63 of 1973 on the file of the Small Causes Court, Madras, to direct Rukmani Ammal, the respondent therein to sell the said property to him at a price to be fixed by the Court.

3. The said Rukmani Ammal contested the petition contending inter alia that the petitioner in that O.P. was not a tenant to claim benefit under the provisions of the Madras City Tenants Protection Act, as he was let into possession in December, 1956.

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