The appellant as well as the revision petitioner was the defendant in O.S. No.9804 of 1977, on the file of the First Assistant City Civil Court, Madras. After the filing of the second appeal and the C.R.P., he died and his legal representatives have been impleaded.

2. The suit filed by the plaintiff Sri Kamakshiamman Temple, Saidapet, represented by its trustees, was to recover possession of the plaint property from the defendant.

3. The defendant claimed that he is a tenant under the City Tenants Protection Act and filed I.A. No. 16300 of 1978. When the interlocutory application was filed, evidence was taken therein. Both the application and the suit were disposed of by a common judgment and, therefore, the defendant’s exhibits were marked as Ex. A series and the plaintiffs exhibits were marked as B series. The suit was decreed. The interlocutory application filed by the defendant was dismissed. Appeal preferred by the defendant was also without any success. It is against the concurrent judgment, the second appeal has been preferred by the defendant, and against the order dismissing the interlocutory application, the revision is filed.

.4. The material averments in th