T PARTHASARATHY CHETTI Vs. K SHYAMALAMBA

JUDGEMENT

(1.) THIS civil revision petition raises an important question relating to the rights of a sub-tenant of land who had put up a superstructure thereon, to purchase the interest of his lessor, namely, the head tenant of the original owner under the provisions of Section 9 of the Madras City Tenants Protection Act which will be referred to hereafter as the Act. The courts below have expressed divergent views on that question. The land which forms the subject-matter of these proceedings forms part of a larger area, which belongs to one Thanikesam Pillai. He granted a lease in the year 1937 of the entire area to one Mahommad Ismail for a period of 99 years with an option in the tenant to obtain renewal of the same for a like period. The respondent is a transferee from the tenant. She parcelled out of the land and granted sub-leases of portions thereof to several persons, one of them being the petitioner. He after having taken the sub-lease from the former, put up a building thereon in the year 1947 and has been in enjoyment of the same since then.

(2.) HOWEVER, the respondent by her notice dated 27-1-1961 purported to terminate the sublease granted by her to the petitioner and called upon the latter to deliver vacant possession. This was followed by proceedings Under Section 41 of the presidency Towns Small Cause Courts Act for ejectment of the petitioner, who countered the respondent's move by filing an application Under Section 9 of the act, calling upon the latter to convey the leasehold interest possessed by her in his favour. The learned trial Judge allowed the application filed by the petitioner; but on appeal that order was set aside. Hence the present civil revision petition.

(3.) THE land in question is situate in Muthialpet area within the limits of the Madras city. The petitioner put up the superstructure on the property in the year 1947 who, if the other conditions imposed by the Act were satisfied, would be entitled to the benefits thereunder.