1. An important question to be considered in this revision is, whether Section 5 of the Limitation Act is applicable when there is a delay in filing petition by the tenant under Section 9(1)(a)(i) of the Madras City Tenants Protection Act, 1922, (in short "the Act") after a period of one month as prescribed therein.

2. Aggrieved by the order of the learned Additional District Munsif dated 15.2.1999 made in I.A.No.1168 of 1997 in O.S.No.722 of 1996, allowing the application filed under Section 9(1)(a)(i) of the Act, the plaintiff therein has filed the present revision.

3. The petitioner/plaintiff filed a suit in O.S.No.722 of 1999 before the Principal District Munsif, Cuddalore against the respondent/defendant, directing her to vacate and surrender possession of the suit property either with the superstructure and trees after receiving the compensation for the same. The defendant filed a written statement disputing various averments made in the plaint. Pending suit, the respondent herein - defendant, filed I.A.No.1168 of 1997 under Section 5 of the Limitation Act, to condone the delay of 278 days in filing the petition under Section 9(1 )(a) of the Act.

4. In the affidavi