Byers, J.

1. The main ground urged in seeking the admission of this Second Appeal is that the decree for eviction is contrary to Section 7 (A) of theMadras House Rent Control Order, 1941. The learned District Judge held that this provision did not oust the jurisdiction of the Civil Court to grant a decree for eviction, but merely controlled the execution of such a decree by prescribing a special procedure where eviction is sought. A reference to sub-clause (ii) of Clause (bb) of subrule (2) of Rule 81 of the Defence of India Rules indicates that this view of the scope of Section 7 (A) of the House Rent Control Order is correct and that the jurisdiction of the Civil Courts to grant a decree is not ousted.

2. Reliance is placed on the decision of Chandrasekhara Aiyar, J., in Mahmood v. Kerala Corporation, Ltd. AIR1945Mad181 but with due respect I consider that the wording of the section is not such as to deprive the Civil Courts of their power to entertain suits for eviction and to adjudicate upon them. What the Control Order prohibits is eviction outside the provision of Section 7 (A) of the Order and to hold that the entire jurisdiction of the civil Courts in these matters ap