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23. It follows from the above discussion that the property demised in the present case by the plaintiff comes under the control of. the Madras Buildings (Lease and. Rent Control) Act, 1960, entitling the tenant to seek the protection of the Act against eviction.

24. Mr. V.V. Raghavan, learned Counsel for the landlord, submits that even if the tenant in the present case is entitled to the protection under Act XVIII of 1960, the suit itself need not be dismissed. Learned Counsel submits that there being no-other defence to the suit in ejectment than the security of the tenancy provided by the Rent Control Act, all that the tenant can claim is that during the subsistence of the Rent Control Act, he cannot be evicted in execution of the decree in ejectment. My attention is drawn, in this connection, to the decision of this Court by Ramaswami, J., in Haji Mohamed v. Globe Theatres A.I.R. 1956 Mad. 216, 218. Following an earlier Bench decision of this Court in Muhammadunny v. M. Unnuri (1949) 1 M.L.J.452 : I.L.R. (1950) Mad. 152 : A.I.R. 1949 Mad. 765, it is observed by Ramaswami, J.:

Section 10 (1).--A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of this section or Sections 14 to 16.
The jurisdiction of the Civil Court, as noticed in the decision above referred to, to pass a decree in ejectment is not taken away, though it may be of little use to the plaintiff. Learned Counsel for the appellants-tenants, has not placed before me any decision contra. The Madras Buildings (Lease and Rent Control) Amendment Act (XI of 1964), which by Section 3 provides for the abatement of certain proceedings, is limited in its application and does not apply to the present suit. In the circumstances there is no need to set aside the decree in ejectment which has been passed. But the plaintiff-decree holder will not be entitled during the subsistence of statutory tenancy to evict the tenants, the present appellants, in execution of the decree in ejectment the remedy for eviction having to be in accordance with and under the terms and provisions of the Madras Buildings (Lease and Rent Control) Act (XVIII of 1960), by appropriate steps under the provisions of the said Act. The decree would be modified accordingly.