THE MADRAS PIECE-GOODS MERCHANTS CHARITABLE TRUST BY ITS SECRETARY V.S. DEVANATHAN Vs. MOOLCHAND GUPTA AND ANR.

JUDGEMENT

(1.) The Applicant Moolchand Gupta, against whom a decree was passed on compromise and execution has been taken out for vacant possession, prays by the present application to dismiss the said E.P. and recall the warrant for delivery of possession.

(2.) The Suit C.S. No. 163 of 1962, by the plaintiff -respondent was for vacant possession of door Nos. 184 -186, China Bazaar Road, George Town and the compromise decree directed the applicant to quit the portion in his. occupation of the aforesaid premises on or before 31st January, 1964, subject to the condition that the plaintiff would be entitled to take possession of the portion in the occupation of Panachand and the Bullion Market Post Office immediately by executing the decree. For the purpose of the present application, we are not concerned with the rest of the terms of the compromise.

(3.) After the aforesaid E.P. Panachand delivered possession of his portion to the plaintiff by attornment and as regards the portion occupied by the Bullion Market Post Office, an order has been passed under Sub -section (2) of Sec. 3 of the Rent Control Act XXX of 1952, and therefore, the relief prayed in E.P. No. 35 of 1964 was limited against the judgment -debtor -applicant in respect of the portion in his occupation. Meanwhile, Act XI of 1964 which had the effect of abating certain pending proceedings as a result of certain amendment to the Madras Buildings (Lease and Rent Control) Act, 1960, had come into force and it omitted Clause (3) of Sec. 30 of 1960 Act with consequential other amendments, so that the restriction as to the operation of the latter Act on the basis of rent was removed and non -residential buildings paying more than Rs. 400 also came within the purview of the Act.