The Chief Justice.-This application arises out of a petition filed under section 7 of the Madras Buildings (Lease and Rent Control) Act, for eviction in respect of premises belonging to the petitioners in Mowbray’s Road, Mylapore. It is a matter of admission that there has been default in due payment of rent within the meaning of section 7 (2) (i). The petitioners would have been entitled to an order of eviction, but their petition has been dismissed on the ground that the provisions of section 7 (2) of the Act were not applicable to the premises in question as the Provincial Government are the tenants and are exempted from those provisions by a notification issued under section 13 of the Act.

The only question which falls for decision on this application is whether this finding that the Provincial Government were the tenants of this building on the date of the application for eviction is correct. The relevant facts have to be ascertained from the correspondence which passed between the parties. On 27th May, 1943, the Superintendent of Police, Special Branch, C.I.D., Madras, at Vellore, wrote a letter to the second petitioner herein who is the wife of the first petitioner who was th

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