This revision has been preferred by the defendant in a suit on ejectment, whose application under section 9(1) of the Madras City Tenants’ Protection Act, 1921 (hereinafter referred to as the Act) has been dismissed by the learned District Judge of Salem on appeal.

The plaintiff in the suit is a Devasthanam represented by its managing trustee. The trustee had leased the property to the defendant under a registered instrument for a period of five years on 2nd August, 1950. The defendant (petitioner), the tenant, had been authorised to put up structures on the property and live therein during the leased period. After the expiry of the lease, the suit was instituted, and, while the suit was pending, the Act was extended to Salem on 29th January, 1958, and thereupon the present petitioner came out with the application under section 9(1) of the Act, and that has given rise to the present proceeding. The application of the petitioner was dismissed in the first instance by the trial Court on an erroneous view as to the scope of section 12 of the Act, and, on appeal therefrom by the petitioner, A.S. No. 294. of 1959 on the file of the District Court, Salem, the order of the trial