P GNANASOUNDARI Vs. SRINIVASAMURTHY MANDIRAM

JUDGEMENT

(1.) AGGRIEVED over the order dated 8.12.2005 made in I.A.No.19340 of 2005 in O.S.No.9218 of 1995 on the file of V Assistant Judge, City Civil Court, Madras this civil revision petition is filed.

(2.) BRIEF facts of the case are as follows:

(3.) AS per Section 9 of the City Tenants Protection Act, when the landlord files a petition for ejectment, then only right comes to the tenant to file an application to purchase the property and on filing such application the court may decide whether the tenant has got right to purchase the property and also to ascertain how much land is required for sale at the acceptable price. Admittedly, the suit was not filed by the landlord for ejectment, but by the tenant for permanent injunction and declaration. The judgment was rendered in O.S.No.4771 of 1984 holding that the plaintiff (husband of the petitioner) is not entitled for declaration simply on the technical ground that the suit was not filed by the landlord.