Rajamannar, C.J.-This appeal against the judgment of Basheer Ahmed Sayeed, J., arises out of a suit instituted by the appellant the Official Trustee of Madras, in the City Civil Court, for evicting the respondent from certain premises in Saiva Muthia Mudali Street, George Town, Madras. It was alleged in the plaint that the suit property which formed part of one of the estates vested in the Official Trustee was leased to the respondent on a monthly rental of Rs. 7 in or about 1944, and that the tenancy was duly determined by notice, dated 1st November, 1946. In paragraph 13 of the plaint, it was specifically mentioned that as the leasehold property was only a vacant site, and as the thatched and other sheds appear to have been recently put up thereon the respondent was not entitled to plead any of the provisions, of the Madras Buildings (Lease and Rent Control) Act, in bar of the suit. The respondent inter alia claimed that he was entitled to the benefits of the said Act, as the lease was not only of vacant land, but of land with structures enclosed by a compound wall with a gate. The learned City Civil Court Judge, who tried the suit, held that the Madras Buildings (Lease and Rent

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