M.B. RUHARI Vs. COMMISSIONER, CORPORATION OF MADRAS AND THE ESTATE OFFICER UNDER TAMIL NADU ACT I OF 1976, RIPON BIDGS., MADRAS, AND OTHERS

JUDGEMENT

(1.) The petitioner in both the Writ Petitions is one M. B. Buhari. He has filed W. P. No. 4394 of 1986 in his capacity as the lessee of the land and building bearing No. 14, South Beach Road/Kamarajar Salai, Madras-5, which was leased out to him by the Corporation of Madras for a period of five years from 1956 on a monthly rent of Rs. 1551.00. That Writ Petition was filed to quash the notice dated 13-3-1986 issued by the Corporation of Madras under Sec. 4 of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act I of 1976 (hereinafter referred to as the Act), and consequently direct the Corporation of Madras to forbear from taking any action under the Act. W. P. No. 9856 of 1989 has been filed by him to call for the records in C M.A. No.9 of 1988 on the file of the Appellate Officer/Principal Judge, City Civil Court, Madras, dated 12-4-1989 and to quash the same.

(2.) Since the parties to both the writ petitions and the subject matter of dispute and challenge are one and the same, both the writ petitions were taken up and heard together by consent of both parties.

(3.) The short facts, which are necessary and relevant for the purpose of disposal of the two Writ Petitions, are as follows:- The land and building bearing Door No. 14, Kamarajar Salai/South Beach Road belonging to the Corporation of Madras was leased out to the petitioner for five years on a monthly rental of Rs. 1,551.00. On 5-3-1961, the lease was renewed for a further period of 15 years on an enhanced rent of Rs. 1,650.00 per month. During 1976, the petitioner describing himself as the Proprietor of M/s. Buhari & Sons (P) Ltd., requested tor extension of lease for 30 years. The Corporation by the resolution of its Council extended the lease by 15 years on a monthly rental of Rs. 4,000.00. No lease deed was executed for the extension. However, it is stated, that a letter was given in the name of M/s. Buhari & Sons.