C RANGANATHAN Vs. S A CHINNADURAI NADAR

JUDGEMENT

(1.) THIS is a revision petition by the landlord challenging the order made by the trial court and confirmed by the appellate Court holding that the entire extent of 3.grounds and 2387 sq. ft. of land belonging to the petitioner was liable to be sold to the tenant-respondent under S.9 of the Tamil Nadu City Tenants Protection Act, 1921 thereinafter Referred to as the Act). The respondent-tenant had admittedly taken 3 grounds and 2387 sq. ft. of open site on a monthly rent of Rs.25 for the purpose of carrying on his business in selling firewood. Before the landlord instituted the suit for possession, he had made an offer some time in 1976 to the tenant that he was willing to sell the entire land at the rate of Rs.50,000 per ground. The land is situated in Sait colony, Egmore. The tenant however did not accept that offer and therefore the landlord terminated the tenancy and offered to purchase the super which was then on the land at Rs.750. In reply to this notice, the tenant offered to purchase the land at Rs.11,000 per ground. The landlord then filed a suit for ejectment and possession of the open site. In that suit, the tenant claimed a right to purchase the land under S.9 of the Act by I.A.No. 17764 of 1977. The landlord did not agree that the entire extent of the land could be purchased by the tenant and he asked for the appointment of a Commissioner to determine the minimum extent of the land which the tenant was entitled to purchase as well as the value of the said land. The Commissioner made his report on 13th November, 1978. In his report, the Commissioner observed- 'There is a small superstructure put up by the tenant'. He, however, restricted his report to ascertaining the value of the land. On the basis of documents produced before him, he found as follows- Accordingly, for five years from. 1971 to 1975 that is for five years at Rs.11,500, the total value will be Rs.57,500. For 1976 it is Rs.23,000 per ground. The total will be Rs.80,500 for. 6 years. The average market value therefore will be Rs.80,500 divided by 6,i.e., Rs.13,400 or into round figure Rs.14,000". With this finding, he returned the warrant. The effect of the finding is that the price of the site in question was determined by the Commissioner at Rs.14,000 per ground.

(2.) IT however, appears that a fresh warrant was issued to the Commissioner for fixing the minimum extent of land that may be required for the convenient enjoyment of the tenant. The Commissioner then made a. second report on 30th August, 1982. Before the Commissioner, the landlord gave evidence to say that the minimum extent needed by the tenant would be half ground and he would be willing to give a site 45 ft. X 30 ft, on the south western side. The tenant however, took a stand before the Commissioner that he required the entire extent of the land for his business. This claim of the tenant was accepted by the. Commissioner Inter alia for the reason that the landlord had by notice dated 22nd June, 1972 expressed his willingness to grant the whole extent of the land as per the value fixed by the court. Thus, according to the Commissioner, the tenant could not carry on his entire business in the area of 30 ft. X 45ft., which was offered by the landlord and that the tenant's evidence that for his business he required the whole extent of the land had to be accepted.

(3.) OBJECTIONS to this report were filed by the landlord laying stress on the fact that the previous report referred only to a small structure and that the Commissioner was not right in observing that the other structures were also constructed much earlier.