In 1984, the landlord company filed RCOP No.
During the pendency of the above said civil revision petition before the High Court, the Scheme of Amalgamation was finalized and by order dated 26.06.2006, the Company Court sanctioned the Scheme.
together with appurtenant space i.e. vacant land total measuring 61,872 sq.
171 of 1994 whereunder the rent was fixed as Rs.7852/ on 19.12.2001 which is currently being paid.
852 issued by the Revenue Department, the partial exemption earlier granted was reviewed and extended to the entire extent of the suit premises under Section 21 1 a of the Ceiling Act, i.e. on the ground of public interest.
On 25.06.1986, by way of G.O. Rt No.
During the pendency of the revision petition, the order for amalgamation under the Companies Act passed by the High Court was made on 26.02.2006 which is a subsequent event.
42 of 1992 before the Appellate Authority and IInd Additional Subordinate Judge of Coimbatore and the same was dismissed on 10.04.2003.
1729 of 2003 whereby the High Court dismissed the civil revision filed by the appellant herein.
852 dated 25.06.1986.
with a building having built up area of 5,274 sq.
The Rent Controller, by its order, dated 09.04.1992 allowed the petition and directed eviction of the appellant.
On 13.09.1978, the erstwhile landlord company applied for exemption from acquisition of excess vacant lands.
Thereafter, an application for amendment of the cause title was filed which was also duly allowed by the High Court by order dated 10.07.2009.
Thereafter, an application was filed for amendment of the cause title in the civil revision petition was filed by the tenant and the same was also allowed.
The assets of the erstwhile companypany had vested in the amalgamated companypany.
7,852/ by order dated 19.12.2001.
It also challenged the order of exemption before the High Court in Writ Petition No.
105 of 1987 on 03.04.1987 under Sections 10 3 a i and iii of the Tamil Nadu Buildings Lease and Rent Control Act, 1960 hereinafter referred to as the Act on the ground that it required the building and premises for their own use and occupation and for providing residential accommodation to its employees and that vacant areas were required for agency, warehouses and research and development building, office quarters and amenities for staff such as garage, cycle stand, staff recreation club, companymunity hall etc.
If the amalgamated companypany is deprived of the said benefit, it will frustrate the very purpose of amalgamation and defeat the order of amalgamation passed by the High Court exercising jurisdiction under the Companies Act.
The eviction was on the ground of its own requirement of the erstwhile companypany.
In the said suit, a settlement dated 12.04.1978 was arrived at whereby the appellant agreed to pay fair rent of Rs.1200/ w.e.f.
209 of 1976 for specific performance of the renewal clause in the lease agreement dated 1.10.1970.
On the expiry of the period, the lease was further renewed for a period of five years under lease deed dated 01.10.1970.
Aggrieved by the said order, the appellant has preferred the above appeal before this Court by way of special leave petition.
from the year 1965 for a period of over 45 years.
2900 dated 04.11.1981 and the order G.O. Rt.
The appellant was initially paying rent of Rs.
A decree companystitutes an asset.
Brief facts in a nutshell are as under The appellant took the suit premises in TS No.
6,465/ by order dated 18.10.1994 which was enhanced by the appellate authority in an appeal filed by the appellants to Rs.
The said business will be companytinued to be carried by the amalgamated companypany.
In the meantime, Government of Tamil Nadu brought into force the Tamil Nadu Urban Land Ceiling and Regulation Act, 1978 hereinafter referred to as the Ceiling Act on 17.05.1978.
The said asset of erstwhile companypany has devolved on the amalgamated companypany.
6/499 and New No.8/499 on Trichy Road, Coimbatore companyprising an area of 1.4 acres, i.e., 61,872 sq.
475/ respectively in 1970s.
Revision Petition was disposed of by the High Court on 05.08.2009.
During the pendency of the said R.P. before the High Court, by a Scheme of Amalgamation, M s Stanes Tea and Coffee Limited was transferred to M s T. Stanes Company Ltd., with effect from 01.04.2005 under Sections 391 to 394 of the Companies Act, 1956 and this was duly approved by the High Court.
Against the said order, the appellant filed C.R.P. No.
Aggrieved by the said order, the appellant filed an appeal being RCA No.
This appeal is directed against the final judgment and order dated 05.08.2009 passed by the High Court of Judicature at Madras in Civil Revision Petition NPD No.
The tenant had filed the revision in the High Court on 18.08.2003.
However, the Rent Controller, by order dated 18.10.1994, fixed the fair rent as Rs.6465/ from 1.10.1980.
on lease under lease deed dated 17.11.1965 for use as residence cum office from M s United Coffee Supply Co. Ltd., for a period of five years on a monthly rental of Rs.400/ .
The appellant filed R.C.A. No.
Thereafter, the tenant filed a civil revision petition under Section 25 of the Act on 18.08.2003 before the High Court.
The landlord has obtained an order of exemption under Section 21 of the Act vide G.O. Rt.
Sathasivam, J. Leave granted.
1177 of 1992 which was dismissed by the Division Bench of the High Court by order dated 12.07.1993.
6434 of 1987 which was dismissed by the High Court by order dated 18.04.1991 and Writ Appeal No.
The landlords entitlement to evict the tenant had merged with the decree.
On 04.11.1981, the erstwhile landlord companypany was granted partial exemption from acquisition of vacant lands under Section 21 1 a of the Ceiling Act on the ground of public interest by way of G.O. Ms. No.
The tenant has been in possession of vast extent of property which companyprises of a big building with built up area of 5,274 sq.
1357 bearing Old No.
400/ for the building and Rs.
300/ for the furniture and fixtures which was raised to Rs.
1729 of 2003 before the High Court.
On failure to renew the lease from 01.10.1975, the appellant instituted a suit in S. No.
Heard Mr. K.K. Venugopal, learned senior companynsel for the appellant tenant and Mr. K. Parasaran, learned senior companynsel for the respondent landlord.
Therefore, the principle of Order 21 Rule 16 of the C.P.C. will apply.
1.10.1975.
400/ and Rs.
On 05.08.2009, the High Court dismissed the revision filed by the appellant herein.
The Rent Controller fixed the fair rent as Rs.
Further, the vacant land which was leased along with the building is the subject matter of the proceedings under the Ceiling Act.
It is also pointed out the companyduct of the tenant when the landlord obtained an order of exemption under Section 21 of the Ceiling Act, the tenant moved the Government for cancellation of exemption and to assign the land in its favour.
On 15.09.1985, the name of the landlord companypany, M s United Coffee Supply Co. Ltd. was changed to Stanes Tea and Coffee Ltd. Stanes Tea and Coffee Ltd. filed RCOP No.
Further, the amalgamation took place long after the decree for eviction and rights had crystallized under the decree for eviction and merged into it.
9500/ retrospectively from 01.10.1980.
397 of 1984 claiming monthly rental of Rs.
