S. Ramachandra Iyer, C.J.

1. This appeal against the judgment of Anantanarayanan, J. arises out of a suit instituted by the appellant in the Sub-Court at Pudukottah for evicting the respondent from a certain property in the West Main Street, at Pudukottah for a mandatory injunction to demolish the structure put up thereon, and for damages The suit was dismissed by the learned Subordinate Judge on the finding that the property being a building, the appellant could not sustain the suit for eviction by reason of the provisions of the Madras Buildings (Lease and Rent Control) Act. On appeal Anantanarayanan, J. while upholding the right of the respondent to protection under the said Rent Control Act held that there was no prohibition under that enactment to entertain the suit and pass a decree in conformity with the provisions thereof The learned Judge accordingly allowed the appeal in part granting a decree for possession but at the same time declaring that as the property involved in the suit was a building coming within the ambit of the definition of that term in the Act the Court will be powerless to execute the decree. The appellant feeling aggrieved by this limitation in th