P. SENGODAN Vs. R. MUTHUSAMY

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Principal District Judge, Namakkal, dismissing the appeal filed by the petitioner by confirming the order passed by the Subordinate Court, Namakkal, allowing the application filed by the respondents 1 to 3 under Sec. 9 r/w 3 of The Madras City Tenants' Protection Act, 1921 ( Hereinafter referred to as "Act" for brevity) exercising option to purchase the petition mentioned property.

(2.) The petition mentioned property originally belonged to one Perumal Gounder and respondents 4 to 6 are his legal representatives. Yet another son of Perumal Gounder namely Periya paiyan @ Ramasamy and respondents 4 and 5 were declared as insolvents and pending said proceedings Periya Paiyan @ Ramasamy died leaving 4th respondent as his only heir. Thus, the petition mentioned property vested with official receiver 7th respondent herein. The 7th respondent sold the petition mentioned property to petitioner herein under Sale Deed dtd. 20/8/1976. Thus, the petitioner is claiming title over the petition mentioned property.

(3.) The respondents 1 to 3 filed Original Petition in O.P.No.101 of 1992, on the file of Subordinate Court, Namakkal, under Sec. 9 r/w 3 of Madras City Tenants Protection Act, 1921 exercising option to purchase the petition mentioned property on the ground that the 1st respondent was tenant of the vacant site belonged to Perumal Gounder. It was his case that 1st respondent entered the petition mentioned property as a tenant of the vacant site and had been paying monthly rent of Rs.6.00 to Perumal gounder. He also claimed that he had put up present super structure over the vacant site for residential purpose and had been residing there from 1966. Thus, he claimed benefit under the above said Act.