The Chief Justice.-This application for a writ of certiorari is to quash the order of the Subordinate Judge of Tenali in C.M.A.No.6 of 1950 setting aside the order of the Rent Controller and directing the petitioner before us to be evicted under the Madras Buildings (Lease and Rent Control) Act. The ground on which eviction was ordered was default in payment of rent within the prescribed time. Though the facts make it abundantly clear that there was no wilful default on the part of the tenant in the payments of rents, nevertheless, it cannot be said that the learned, subordinate Judge was wrong in holding that there was a technical default in payment within the time prescribed. His order therefore was on his finding quite proper. But the learned counsel for the petitioner invokes in his aid a new provision inserted by Madras Act VIII of 1951 which amended the Madras Buildings (Lease and Rent Control) Act, 1949. Under section 9 of this Amending Act (VIII of 1951) the following proviso was added to section 7(2) namely,

“Provided that in any case falling under clause (i) if the Controller is satisfied that the tenant’s default to pay or tender rent was not wilful, he may, before making

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