This Revision is directed against a conviction under section 16 (1) read with section 6 (2) (a) of the Madras Buildings (Lease and Rent Control) Act, 1949, and imposition of a fine of Rs.200 with a provision for simple imprisonment for three weeks in case of default. The petitioner who was the landlord, by a lease deed, dated 1st January, 1958, let out to one Dr. M.P. Ganesh Rao the front side of premises No. 129-A in Arcot Road, Kodambakkam, on a monthly rent of Rs.45. Clauses (4) and (5) of the lease deed provided for the payment by the tenant to the petitioner of a sum of Rs.500 as advance, the receipt of which was acknowledged by the petitioner, and for return of the advance without interest on the tenant vacating the premises in his occupation. The question is whether this provision for payment of the amount and refund of the same on the contingency contemplated is within the mischief of section 6 (2) (a) of the Act. The learned Chief Presidency Magistrate thought that it was, and in that view convicted and sentenced the petitioner as aforesaid.

There was some argument in the light of the evidence adduced before the learned Chief Presidency Magistrate as to the precise nat