ARULMIGU KASI VISWANATHASWAMY DEVASTHANAM Vs. KASTHURIAMMAL

JUDGEMENT

(1.) THE question posed before this Full Bench is this:

(2.) ARULMIGU Kasi Viswanathaswamy Devasthanam, the petitioner herein filed a suit in o. S. No. 2396 of 1986 against Kasthuriammal/respondent-tenant for ejectment in respect of the suit land. During the pendency of the suit, Kasthuriammal, the tenant filed an application under section 9 of the Tamil Nadu City Tenants Protection Act in I. A. No. 10696 of 1986 for a direction to the plaintiff to sell the suit land to her, as the superstructure in the said land was constructed by her.

(3.) THE trial Court appointed an Advocate Commissioner and directed him to file a report regarding fixation of the minimum area required for the convenient enjoyment of the tenant and its cost. Accordingly after inspection, Advocate Commissioner filed the report. Ultimately, by the order dated 03. 05. 1991, the trial Court fixed the minimum extent and the cost of the land and directed the defendant/tenant to pay a sum of Rs. 4,00,119. 78 towards the cost of the site in 36 instalments. In compliance with the order, the defendant deposited the entire amount in instalments. Thereupon, the tenant filed an application on 06. 06. 1994 in I. A. No. 11035 of 1994, praying the trial Court to direct the respondent to execute the sale deed in her favour. Ultimately on 09. 01. 1996, the trial Court passed an order in I. A. No. 11035 of 1994 directing the plaintiff to execute the sale deed in favour of the tenant.