The petitioner in this Civil Revision Petition is the legal representative of a mortgagor-lessee against whom an application for eviction under the Madras Buildings (Lease and Rent Control) Act, 1949, had been filed in the Court of the House Rent Controller, Nagapattinam. By an order dated 12th September, 1949, the House Rent Controller directed eviction. The mortgagorlessee died on 17th November, 1949 and an application to bring on record his legal representative and continue execution against him was filed only in 1954. Before the appellate Court, the only question raised was as to whether the order for eviction was illegal, irregular and improper and is liable to be set aside. The learned Judge found that there was no illegality, irregularity or impropriety and dismissed the revision petition. The mortgagor-lessee’s legal representative has filed this revision petition.

Mr. K. S. Naidu on behalf of the petitioner contends that as it was admitted in the petition for eviction that the mortgage and the lease-back were of even date, viz., 1st January, 1943, the two documents should be read as part and parcel of one and the same transaction with the result that there is no rel