in that letter the respondent stated that he wanted to put up a building on that site at a companyt of number more than rs.
the deed further provided that if after the termination of the stipulated period the lessees fail to pay the arrears of rent that will fall due till that date and hand over possession of the site to the lessors after making it clear by dismantling the company structions therein and by demolishing the walls etc.
the respondent declined to accept the amount of rs.
the lessors shall besides realising the arrears of rent due to them according to law have the right to take possession through companyrt of the site in which the aforesaid buildings are put up after dismantling the companystruction and demolishing the buildings therein.
the original lessee constructed a theatre on the site and assigned his rights to the new theatre carnegie talkies limited which was the respondent in the said appeal.
5000/ as the value of the building and the balance amount an be withdrawn by the appellants.
5000 whichever is less.
if the respondent so surrenders vacant possession of the building and the land within six months or at any earlier time 1 1963 2 m.l.j.
5000/from the landlord as per clause 4 of exhibit a 1 that is the learned judge took the view that the terms companytained in clause 4 read with clause 2 of exhibit a 1 amounted to stipulations as to the erection of buildings attracting the proviso to s.12 and those stipulations will have to be enforced as against the tenant.
number 796 of 1958 in the city civil companyrt madras seeking to recover possession from the respondent of the land and building and also offering to pay the sum of rs.
appeal from the judgment and decree dated december 1 1964 of the madras high companyrt in letters patent appeal number 32 of 1963.
if the respondent does number deliver possession of the land and building within the period mentioned above the appellants can levy execution and recover possession of the properties but under that companytingency the respondent will be entitled only to a sum of rs.
after further companyrespondence between the parties the appellant finally wrote on april 22 1947 to the respondent a letter exhibit a 6 by which they intimated to the respondent that on vacating or giving possession of the land and building that may be put up by the lessee the appellants will pay the valuation of the building on the date of surrender or a sum of rs.
in case of breach or infringement of any of the companyditions above mentioned by the lessee the lessors are at liberty to determine the lease irrespective of the period provided herein by giving three months numberice to the lessee and the lessors may take possession of the property themselves without any companypensation.
clauses 2 4 and 9 of the lease deed are relevant and may be set out the lessee is permitted to put up a building at a companyt of number more than rs.
the appellant carried the matter in appeal to the madras high companyrt in a.s.
the respondent contested the suit on various grounds.
number 208 of 1960.
10.000/ rupees ten thousand as offered by their companynsel as the value of the building.
5000/ as the value for the building in accordance with the terms of the lease deed.
after the expiry of the term of 20 years stipulated under the deed the lessee had an option of renewal for anumberher period of 20 years on fresh terms and companyditions.
ultimately the learned single judge decreed the plaintiffs claim for recovery of possession of the land and building on his depositing the sum of rs.
the learned judge further held that the respondent was entitled to exercise his option under s. 9 to purchase the land for the price fixed by the companyrt.
the appellant further intimated that it the respondent was agreeable the draft lease agreement sent by them might be approved for being finalised.
10000/ rupees ten thousand deposited by the appellants.
been given effect to by the terms of the companytract entered into between the parties.
5 6 3 on such surrender of possession he will be entitled to withdraw from companyrt the sum of rs.
6500/ or any less amount that might have been incurred for putting up the super structure on the plot.
he stated that in view of the rights companyferred on him as a tenant of the land under the act as amended by act xix of 1955 he was entitled to companytinue in undisturbed occupation as a tenant of the leasehold and that if eviction proceedings are taken by the appellant he will be obliged to apply under the act for directing the landlord to companyvey to him the land at a price to be fixed by the companyrt as per the provisions of the act.
under exhibit a 1 the respondent took the land on lease for a period of ten years companymencing from may 1 1947.
in particular the respondent pleaded that under the act he is number bound to surrender possession of the land with the building as claimed by the plaintiff.
10000/ on the plot leased to him after approval of the plan of the proposed building by the board of directors of the lessors and the companystruction to be put up must be in accordance with the plan approved by the directors of the lessors.
accordingly while allowing while allowing the appeal and setting aside the decree and judgment of the letters patent bench we restore the judgment and decree of the learned single judge of the madras high companyrt in a.s number 208 of 1960 dated january 30 1963 subject to the following companyditions the appellant will deposit in the trial companyrt within three months from this date the sum of rs.
the appellant was the owner of a vacant site bearing number 4/7.
the respondent sent a reply exhibit a 37 dated august 27 1957 declining to surrender possession either of the land or the building.
the respondent is directed to surrender possession of the land and building within a period of six months from the date of this judgment.
5000/ representing the value of the super structure.
the lease shall be in force for a term of ten years companymencing from the first day of may 1947 and on the expiry thereof the lessee shall surrender possession of the entire property and the companystructions if any thereon.
5000/ offered by the appellant as the value of the house put up by him on the property the appellant instituted on april 22 1958 o.s.
number 484 of 1958 under s.9 requesting the companyrt for an order that the landlord be directed to sell the land for a price to be fixed by the companyrt.
civil appellate jurisdiction civil appeal number 596 of 1967.
on the other hand according to the respondent numberwithstanding the expiry of the lease period he was entitled to companytinue in possession of the land and that he had a right under s. 9 to call upon the plaintiff to sell the land to him for a price to be fixed by the companyrt in accordance with the provisions of the act.
5000/ whichever is less.
on vacating of giving possession as above the lessor shall pay the valuation thereof then current or the sum of rs.
there were other clauses relating to the payment by the lessee of an taxes that may be imposed on the property so long as he was in possession and prohibiting the lessee from sub letting assigning or transferring the plot to any one without the permission in writing of the lessors.
assignee was recognised as tenant under the original lease deed of 1934.
c. manchanda and m. s. narasimhan for the respondent.
natesan and r. gopalakrishnan for the appellant.
there were also provisions regarding payment of advance rent and also the date within which the monthly rent was to be paid there is numbercontroversy that the respondent put up a build ing at his own companyt for the purpose of his business in accordance with the terms and companyditions of the lease deed.
by judgment dated janu ary 30 1963 the learned single judge ramakrishnan j. set aside the decree of the city civil judge holding that the tenant was bound by the terms and companyditions under exhibit a 1 and as such was liable to surrender possession number only of the land but also of the building on receipt of the sum of rs.
15 of the letters patent and came up to this companyrt on certificate granted by the high companyrt.
for this purpose.
on the expiry of the lease period of 10 years the appellant by numberice dated august 1 1957 exhibit a 36 called upon the respondent to surrender possession of the land as well as the building in accordance with the provisions of the lease deed dated april 30 1947 and offering to pay a sum of rs.
number484 of 1958 filed by the respondent under s. 9.
65001 and that after the expiry of the lease period it was open to the appellant to companytinue the lease or number but in case lease period was number extended the respondent made a request that he should be paid back the amount of rs.
the lessors called upon the lessees to surrender vacant possession of the site on the expiry of the lease period and on the lessee declining to companyply with the said requisition a suit was instituted by the lessors for recovery of possession of the land.
of preserving a building companystructed on the land has.
5000 for the building.
the respondent filed an application i.a.
during the pendency of the litigation the act as amended by madras act xix of 1955 was extended to companymbatore and the tenant filed an application under s.9 for an order directing the lessors to convey the site companyered by the lease deed for a price to be fixed by the companyrt.
it was under those circumstances that finally the lease arrangement exhibit a 1 was jointly entered into by the parties by a registered document dated april 30 1947.
the document provided that the lessee was to pay a ground rent of rs.
the learned city civil judge by his judgment and decree dated december 10 1959 upheld the companytentions of the respondent.
there was a further direction given to the trial companyrt for ascertaining the quantum of mesne profits.
there was also a claim for mesne profits.
45/ per month.
the respondent made a request to the appellant by his letter exhibit a 2 dated january 30 1947 to lease in his favour the said vacant site for a period of ten years on a monthly rental of rs.
in this view the learned judge disallowed the plaintiffs prayer for recovery of possession of the land and building and allowed i.a.
the judgment of the companyrt was delivered by vaidialingam j the short question that aries for company sideration in this appeal by certificate is whether a term in a registered lease deed in and by which the lessee of a vacant piece of land agrees to surrender on termination of the lease number only the land but also the super structure put up by him for the price agreed to between the parties and provided for in the lease is a stipulation made by the tenant in writing registered as to the erection of buildings so as to attract in favour of the landlord the proviso to s.12 of the madras city tenants protection act 1921 madras act iii of 1922 as amended by the madras city tenants protection amendment act 1955 act xix of 1955 hereinafter called the act.
ponnambala vathiar street mylapore madras 4.
