This Civil Revision Petition raises an interesting question of law, namely, whether it is open to a person, against whom proceedings have been instituted for eviction under the Madras Cultivating Tenants Protection Act, to raise a plea based upon section 53-A of the Transfer of Property Act for resisting the application.

The 1st respondent herein is the owner of lands which were let to the petitioners by a lease deed, dated 19th November, 1952. The term in the lease deed was for a period of two years and it expired on 18th November, 1954. The annual rent agreed upon was a sum of Rs. 166. The Assistant Collector, Hosur, against whose order this revision petitions is filed, entertained an application for eviction at the instance of the respondent on 2nd July, 1957. The allegation made in the petition by the landlord 1st respondent was that the 1st petitioner had fallen into arrears in the matter of payment of rent since November, 1954. Some amounts had been admittedly paid upto 25th September, 1956; but it was not disputed that on the date of the application for eviction there were arrears of rent payable by the petitioners.

The defence set up by the tenant 1st petitioner was