RAMACHANDRA IYER, C.J. :- Two questions fall to be decided in this appeal, one with respect to the applicability of Sec. 9 of the Madras City Tenants Protection Act, 1921, to a property owned by a Hindu religious institution over which the trustee or the Manager has only a qualified power of disposal, and the second as to the true construction of S. 47 of the Presidency Small Cause Courts Act of 1882.

2. The appellant, Sri Siddhi Budhi Vinayakar Sree Sundareswarar Devastanam is a Hindu temple which owned a considerable tract of land in St. Georges Cathedral Road, Royapettah. Out of that extent, its trustee leased out a small plot measuring 25 ft. by 35 ft. (the date of the lease not being in evidence) to the respondent on a rent of Re. 1 per mensem. There is nothing to show that the respondent was prohibited from putting up any building on the land. On the other hand, it appears fairly clear that he was permitted to put up a building thereon which he did, the precise point of time at which he did so, not again being in evidence. His case was that both the lease as well as the putting up of the superstructure on the land were prior to the year 1921 and that he was entitled t