S.M.Ali Mohamed, J.

The above two appeals are against a common judgment of the learned single Judge in C.S.No.146 of 1981 and C.S.No.276 of 1983 respectively dated 10. 1985. O.S.A.No.176 of 1986 is against C.S.No.146 of 1981. The defen-dant-the State of Tamil Nadu, represented by the Collector of Madras (Accommodation Wing), is the appellant. The respondents herein are the plaintiffs. The plaintiffs filed a suit against the defendant-the State of Tamil Nadu, for recovery of a sum of Rs.43,66,959 with subsequent interest and costs. It is averred in the plaint that the premises known as, ‘Rushkeyrum’ bearing New Door No.149, Mount Road, Madras, belongs to the plaintiffs 2 to 8, who are the sons and daughters of the first plaintiff. The first plaintiff was the power of attorney agent of the plaintiffs 2 to 7 and property guardian appointed by the court of the eighth plaintiff who is a non-compose-mentis. The premises bearing New Door No.149, Mount Road, Madras, was taken over by the Accommodation Controller under Sec3 of Madras Buildings (Lease and Rent Control)Act 1949 on 211. 1956 and the same was allotted to the Director of Industries and Commerce, on a Provisional Rent