The Chief Justice.-This application arises out of a proceeding under the Rent Control Act. The tenant is the petitioner. The respondent landlord filed a petition for eviction on the ground of default in payment of rent for the month from 10th August, 1949 to 9th September, 1949 (H.R.C.No.395 of 1949). This petition was not disposed of till 6th February, 1950, when it was dismissed. Meanwhile on nth December, 1949, the respondent filed another petition for eviction on the ground of default in payment of rent for the month from 10th September, 1949 to 9th October, 1949. This petition was allowed by the Rent Controller and the decision of the Rent Controller was affirmed by the appellate tribunal and the tenant seeks to have the order of eviction quashed.

Mr. Venugopalachari for the petitioner contended that till the disposal of the first petition for eviction, a second petition for eviction could not be filed, because if the first petition was eventually rejected, then, under the provisions of section 7(6) of the Act, the tenancy shall be deemed to continue. He relied on an unreported judgment of this Court in C.M.P.No.4996 of 1949 in which a Division Bench to which one of us was a pa

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