This Civil Revision is directed against the appellate order of the Court of Small Causes at Madras in H.R.A. No. 78 of 1957. That appeal was preferred against I.A. No. 1120 of 1956 in H.R.C. No. 4376 of 1956. The petitioner before me, the landlady of the premises, occupied by the respondent before me, as a tenant, applied to the Rent Controller for eviction on the ground of arrears in payment of rent. After counter-statement was filed in the proceedings the Rent Controller acting under the Proviso to section 7, clause (2) of Madras Buildings (Lease and Rent Control) Act, 1949, directed the tenant to pay all arrears of rent up to date. After this order had been made the proceeding came on for hearing on 31st December, 1956. That day the following order was passed by the Rent Controller:

"Parties by counsel. Arrears not paid as directed. Respondent is absent when called thrice. Proceedings are stopped and eviction is ordered under section 7-A (4) of the Madras Rent Control Act."

Thereafter the tenant filed I.A. No. 1120 of 1956 to set aside the order of eviction passed on 31st December, 1956. This I.A. was disposed of by the following order passed by the Rent Controller on 7t