T S UNNAMALAI AMMAL Vs. N JAYARAMAN

JUDGEMENT

(1.) Since the parties in both the revision petitions are one and the same and the matter arises out of the common proceedings, they were heard together and disposed of by this common order. The petitioner is the defendant in Ejectment Suit No. 55 of 1997 filed by the respondents/plaintiffs. The respondents filed a suit under Section 41 of the Small Causes Court Act, praying for a decree directing the petitioner/defendant to vacate and deliver vacant possession of the land bearing Door Nos. 1/1 and 1/2L, Ponnusamy Naicken Street, Royapettah, Madras - 14 measuring about l700 sq. ft.

(2.) The petitioner/defendant filed a written statement stating that she is the tenant in respect of the vacant land measuring 3960 sq. ft. ; the superstructure measuring about 1700 sq. ft belongs to her; she is in possession and enjoyment of the same and carrying on business in that property and she is entitled to the protection under Section 9 of the City Tenants' Protection Act (hereinafter referred to as "The Act").

(3.) During the pendency of the suit, the petitioner/defendant filed M. P. No. 1551 of 1997 under Section 9 of the Act to direct the plaintiffs to sell the schedule mentioned land measuring 3960 sq. ft. for a reasonable price and permit the defendant to pay the same in sixty monthly instalments. This application was resisted by the plaintiffs by filing a counter inter alia contending that the petitioner/defendant is not carrying on business for several years and that she is not in physical possession of the property and had sublet the same to another dealer and therefore she is not entitled to any relief under Section 9 of the Act. It was also stated that the petitioner/defendant is owning several immovable properties in the City of Madras and she is a co-ower of a big theatre known as "Bhuvaneswari Theatre" and therefore, the claim of the petitioner to pay the land value of the property in sixty instalments is unwarranted.