This Revision Petition arises out of an application under the Madras Buildings (Lease and Rent Control) Act. The petitioner is the landlord, whose petition for eviction was allowed by the House Rent Controller, Pollachi and confirmed in appeal by the Subordinate Judge, Coimbatore, but eventually dismissed in revision by the learned District Judge, Coimbatore. The ground on which the learned District Judge found that the landlord was not entitled to possession was that a previous application for possession on the same grounds having been dismissed, the present petition under the Rent Control Act, out of which this revision arises, was not maintainable under section 10 of the Madras Buildings (Lease and Rent Control) Act.

The landlord filed R.C.P.No.136 of 1949 before the House Rent Controller, Pollachi, for the eviction of the tenants on two grounds, viz., that they had allowed the rent to fall in arrears and that the premises were sublet, the subletting having been to one Govindaswami. When that petition came up before the Rent Controller on the 3rd., February, 1950, the landlord, the petitioner did not press the petition and it was dismissed. The present petition R.C.P.N0.1