VASUDEVA PILLAI TRUST Vs. NEELAVATHY AMMAL

JUDGEMENT

(1.) THE vacant site bearing door No. 45, Sundaram Pillai Street, Purasawalkam, Madras, belongs to an institution called the Vasudeva Pillal Trust, Madras. THE Trust let out the property on lease to one Shiyala Chetti on a monthly rent of Re. 1. THE Trust wanted to recover possession of the property and filed Ejectment M.P. No. 2369 of 1951 against the lessee, Shiyala Chetti in the Court of Small Causes, Madras, for eviction. On 23rd January, 1952, the Court ordered Shiyala Chetti to vacate the land on or before 31st July, 1952. Shiyala Chetti's daughter, Neelavathi Ammal thereupon filed O.S. No. 271 of 1952 on the file of the City Civil Court, Madras, against the Trust for a declaration that the ejectment order, dated 23rd January, 1952 against her father was null and void,and for an injunction restraining the Trust from executing the said order. Her case was that her mother Muthammal was the tenant of the property and that she had put up some superstructure on the land and that after her death in 1939 she became the lessee, and that she was entitled to the protection and the benefits of the Madras City Tenants Protection Act of 1921. On 10th December, 1954 the Trust and Neelavathi entered into a compromise the terms whereof are as follows:

(2.) THIS suit was resisted by the tenant Neelavathi Ammal mainly on the ground that she was entitled to the benefits of the Madras City Tenants Protection Act as amended by Madras Act (XIX of 1955). The tenant offered in terms of that Act to purchase the plot of land from the Trust on a value to be fixed by the Court. The Trust while agreeing to pay compensation to the tenant for the value of the superstructure on the land contended that the Trust cannot be compelled to sell the property to the tenant.

(3.) THE correctness of this decision was challenged in Doraivelu Mudaliar v. Natesa Gramani (1925) 47 M.L.J. 211 : I.L.R. 47 Mad. 761 (F.B.). THE following question was referred to a Full Bench:Does the Madras Act III of 1922 apply to landlords who hold their land as trustees of a religious institution?.