Ramachandra Iyer, C. J.:-

This is an appeal against the final decree in a. partition suit instituted under the following circumstances: The deceased first defendant, Dasappa and his son, Kuppuswami owned, among other properties, four shops in Coimbatore town. On 14th May, 1944, Dasappa sold his undivided half share in the buildings to the plaintiffs in the suit. Soon after the sale Dasappa who was carrying on business in the premises sold obtained a lease from his vendee of the undivided share conveyed to him. Subsequently the vendee filed a suit O.S. No. 43 of 1959 for partition and delivery of separate possession of his share in the properties. There was a preliminary decree in the suit. When the plaintiffs applied for the passing of the final decree, Kuppuswami (second defendant), Dasappa having died, inter alia contended that in as much as he was in possession as a tenant of the premises under the plaintiffs he would be entitled to protection afforded by the Madras Buildings (Lease and Rent Control) Act and that therefore no effective decree for delivery of possession could be passed in the case. The learned Subordinate Judge dealt with the contention in the way it deserved ; b

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