PADMANABHAN, J:

1. The question that arises for consideration in this revision petition and which has been referred for decision by the Bench is when the building had been taken over by the Government under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended by Tamil Nadu Act 23 of 1973 (hereinafter called the Act), and when the Government became a tenant as provided for in the Act, whether the Government is liable to pay fair rent fixed under the Act subsequent to such tenancy from the date of the commencement of the tenancy or from the date of application for fixing the fair rent. The revision petition has been directed to be posted before a Bench by my Lord, the Chief Justice, in view of the Beach decision in George Qakes Ld v. Chief Judge, Small Cause Court, Madras 1950 2 M.L.J. 317=63 L.W. 860, and that of Ismail, J. in S. S. David by power of attorney agent M. Palaniappan v. State of Madras, rep. by the Dt. Collector, Coimbatore S.A. 1615 of 1969.

2. The facts of the case may be briefly stated as follows—The revision petitioner, the Accommodation Controller, Madras, requisitioned the ground floor of premises No. 3/1 Subbiah Naidu Street, Madras 7,