This is a suit for declaration that the order of the Rent Controller dated the 5th April, 1948, passed in L. Dis. No. 4985 H.R.C. of 1947 in favour of the defendant is invalid, without jurisdiction and unenforceable as against the plaintiffs and also for a permanent injunction restraining the defendant from enforcing the said order.

House, ground and premises No. 403, Mint Street, George Town, Madras, is owned by the defendant. The Corporation gave separate sub-numbers to portions of the said premises. In or about the middle of August, 1943, the first plaintiff obtained from the defendant a lease of a portion of that building numbered as 4/403, Mint Street, on a monthly rental of Rs. 55. Subsequently, by agreement between the parties the rent was increased to Rs. 60 per mensem. The first plaintiff failed to pay the rent in respect of the said premises for the month of July, 1947, before the end of August, 1947. In view of the default so made, the defendant filed an application before the Rent Controller, Madras, against the first plaintiff under section 7 of Madras Act XV of 1946 (hereafter called the Act) praying for ejectment of the first plaintiff from the said premise