This Civil Revision Petition is brought against the order of the-Court of the District Munsif, Poonamallee, in I.A. No. 1066 of 1946. The petitioner was the defendant in O.S. No. 331 of 1946 instituted by the landlord in ejectment on the ground that the tenancy was determined. He pleaded that he was entitled to protection under the Madras City Tenants’ Protection Act by reason of the fact that the suit site was included in the City of Madras with effect from 1st April, 1946. He also filed an application under section 9 of the Act within the time prescribed by the section praying that the Court might be pleased to direct the plaintiff-landlord to sell him the land for a price to be fixed by the Court according to the provisions of that section.

Some time thereafter the plaintiff filed an application under Order 23, rule 1, to withdraw the suit with liberty to file a fresh suit on the ground that there was a formal defect in the suit inasmuch as the plaintiff failed to issue the notice required under section 11 of the Act. At that time the petition filed by the tenant under section 9 of the Act was pending. The application for withdrawing the suit was opposed by the defendant