Since the matter arises under execution, with the consent of both the counsel, the civil revision petition has been taken up for final disposal.

2. The respondent herein filed a suit O.S.No. 11723 of 1988 on the file of the X Assistant City Civil Judge, Madras for recovery of possession. His case is that the construction of the building was completed in the year 1984 and it was leased out to the petitioner herein on 2. 1987. Since the petitioner requires the building for his won occupation, he has filed a suit. He cannot initiate the eviction proceedings under the Tamil Nadu Buildings (Lease and Rent Control) Act, in view of the exemption granted under Sec.30 of the said Act, i.e., for the building which is less than five years old. The petitioner filed a written statement stating that the court has no jurisdiction to entertain the suit and the respondent has to initiate the eviction proceedings only under the Tamil nadu Buildings (Lease and Rent Control) Act. The exemption claimed under Sec.30 of the said Act is not available to the respondent, since the building was completed as early, as 1982. The petitioner has paid the arrears of tax for the half years 1/85-86 and 2