‘This appeal is directed against the order of our learned brother Srinivasan, J., under Article 226 of the Constitution, prohibiting the Chief Rent Controller, Madras, from his further proceeding with H.R.C. No. 2942 of 1963 filed by the appellant herein for fixation of fair rent under the Madras Buildings (Lease and Rent Control) Act, Act XVIII of 1960. The appellants (hereafter referred to as the landlord) became owners of the premises, now bearing door numbers 16 and 17, Poonamallee High Road, in the City, under a registered sale deed dated 25th February, 1962. The 1st respondent herein, M/s. Raval & Co., (hereinafter referred to as the tenant) has been lessee of the premises from 20th December, 1935 and the application for the fixation of fair rent under the said Act was filed by the landlord on the 19th of July, 1963. Section 30 (iii) of the Madras Buildings (Lease and Rent Control) Act, (XVIII of 1960), as amended by Madras Act II of 1962 (hereinafter referred to as the Rent Act) which received the assent of the President on 26th June, 1962, exempted from all the provisions of the Act any non-residential building or part thereof occupied by a tenant "if the month