The Chief Justice.-Both the Rent Controller and the Appellate Tribunal, namely, the Court of Small Causes, have ordered the eviction of the petitioner on the ground that he had after the commencement of the Madras Act XV of 1946 sub-let the premises to one Krishnan Nair without the written consent of the landlord, the respondent before us. The petitioner, the tenant, seeks to have the order of the Appellate Tribunal quashed by a writ of certiorari on two grounds.

The first ground is that the application for eviction on which the order against him was made was itself liable to be rejected in limine under section 10 of the Act because a prior application made by the landlord was dismissed on 3rd November, 1948, in the following circumstances. The landlord filed an application for eviction on substantially the same grounds as those alleged in the later application; but apparently having regard to the judgment of a learned Judge of this Court which held that due notice terminating the tenancy was necessary before an application for eviction could be maintained even under the Act, he applied to withdraw this petition with liberty to file a fresh petition after due notice terminat