The appeal and the civil revision petition arise out of a suit in ejectment filed by the plaintiff in O.S. No. 51 of 1958 on the file of the Court of the Subordinate Judge of Tanjore in respect of a vacant site lying within the municipal limits of Tanjore town and comprised in town Survey No. 2862.

The plaintiff was admittedly the owner of the property but the defendant resisted the suit claiming benefits under the Madras City Tenants Protection Act III of 1922. This Act was extended to the municipal town of Tanjore by notification of the State Government dated 28th March, 1956 in exercise of its powers under Madras Act XIX of 1955 amending Madras Act III of 1922. The defendant filed in the Court below two applications, I.A. No. 637 of 1958 and O.P. No. 6 of 1959 under section 9 of the Act for fixing the price of the suit site and for directing the plaintiff to convey the site to him on payment of the price that may be fixed by the Court. The plaintiff disputed the defendant’s right to obtain the benefit of the Act contending that the defendant was not a tenant, that the defendant was estopped by his conduct from asserting any right under the Act and that the defendant