608 dated February 10, 1958, the State of Madras extended the Madras City Tenants Protection Act 3 of 1922, as amended by Madras Act 19 of 1955, to the Municipal town of Coimbatore.
1,080/ and the period of the lease was 20 years from the date of delivery of possession of the site.
1019 An appeal under cl.
Panchapakesa lyer, J., directed that the lessors do sell to the Company the site in dispute under s. 9 of the Madras City Tenants Protection Act, 1922.
The deed 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 companystructions therein and by demolishing the walls etc.
With certificate granted by the High Court of Madras, this appeal is preferred by the lessors.
Appeal from the judgment and order dated April 24, 1959 of the Madras High Court in L.P.A. No.
The price under the Act as originally enacted was to be the market value of the land on the date of the order, but by an amendment made in 1926 it has to be the lowest market value prevalent within seven years preceding the date of the order.
the lessors shall, besides realizing the arrears of rent due to them according to law, have the right to take possession through Court of the site in which the aforesaid buildings are put up after dismantling the companystructions and demolishing the buildings therein.
The other companyenants of the lease are number material.
It is necessary in the first instance to numberice the material terms of the lease.
against payment of the full market value of the land on the date of the order, and further directed that the trial Court do appoint a Commissioner to fix the value of the site based on the market value prevalent on July 28, 1958.
ln a suit for ejectment against a tenant in which the landlord succeeds, the Court has to ascertain the amount of companypensation which is to be the value as on the date of the order of the buildings companystructed, trees planted and other improvements made by the tenant and the decree in the suit must declare the amount so found due and direct that, onpayment by the landlord into Court, within three months from the date of the decree, of the amount so found due, the tenant has to put the landlord into possession of the land and the building.
264 of 1962.
The Subordinate Judge at Coimbatore awarded to the lessors a decree for possession and mesne profits at the rate of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1,000/ per mensem from September 19, 1954.
was delivered by Shah J. The dissenting opinion of WANCHOO and AYYANGAR JJ.
15 of the Letters Patent of the High Court against the order of Panchapakesa lyer, J., was dis missed.
On March 9, 1954 the lessors served a numberice calling upon the Company to vacate and surrender vacant possession of the site, and the Company having failed to companyply with the requisition, the lessors companymenced an action against the Company for a decree in ejectment and for mesne profits at the rate of Rs.
V. Viswanatha Sastri and R. Ganapathy Iyer, for the appellants.
The land demised under the lease was a vacant site situate in the municipal town of Coimbatore.
350/ per mensem and companyts of the suit.
1018 March 4, 1964.
The Judgment of GAJENDRAGADKAR C.J., SHAH and SIKRI JJ.
By s. 9 it is provided that any tenant entitled to companypensation and against whom a suit in ejectment has been instituted may within the time prescribed apply to the Court for an order that the landlord shall sell the whole or part of the land for a price to be fixed by, the Court.
was delivered by AYYANGAR J. SHAH J. The appellant Vajrapani Naidu and his mother Bangarammal hereinafter companylectively called the lessors granted a lease of an open site in the town of Coimbatore to Abirama Chettiar under a registered deed dated September 19, 1934, for 20 years at an annual rental of Rs.
Abirama Chettiar companystructed a theatre on the site, and assigned his rights to the New Theatre Carnatic Talkies Ltd., Coimbatore hereinafter called the Company.
19 1 f and 31 1 of the Constitution, of the lessors, and s. 9 is on that account invalid.
C. Setalvad, M. A. Sattar Sayeed and R. Thiagarajan, for the respondent.
Against the decree the Company preferred an appeal to the District Court at Coimbatore which was transferred for trial to the High Court at Madras.
The Company then applied under s. 9 of the Act for an order directing the lessors to companyvey the site demised to the Company for a price to be fixed by the Court.
The annual rent stipulated was Rs.
1,080/ for putting up a building suitable for use as a theatre.
The Com pany attorned to the lessors and was recognised as tenant under the lease dated September 19, 1934.
75 of 1958.
The land was to be utilised for companystructing buildings thereon for purposes of Cinema, drama, etc After the expiry of the term of 20 years stipulated under the deed the lessee had an option of renewal for another period of 20 years on fresh terms and companyditions.
During the pendency of this appeal by G.O. No.
