Defendant in O.S. No.290 of 1986, on the file of the District Munsif s Court, Panruti, is the appellant.

2. Respondents filed the above suit for recovery of property, on the allegation that the appellant is in possession of the property as a tenant and that he has defaulted in paying the rent. It is further contended that the tenancy has been terminated by issuing a notice under Sec. 196 of the Transfer of Property Act and, therefore, the respondents are entitled to get possession from the defendant.

3. In his written statement, defendant did not challenge the title of the property. But his contention was that he has taken the land on lease and has put up a non-residential building and, therefore, he is entitled to the benefits of the Tamil Nadu City Tenants Protection Act, 1921. Within the statutory period, he also filed an application under Sec.9 of the Act to purchase the property. Evidence was taken on the application filed by the defendant wherein it was held that since for non-residential building, the Act will have no application, the same was dismissed. Since there was no other defence, the suit was also decreed. Against the judgment, the defendant preferred A.S.