DHARMALINGAM Vs. S MAHALINGAM

JUDGEMENT

(1.) This revision filed by the landlord arises out of the orders passed by the X Assistant Judge, City Civil Court, Madras and the First Additional Judge, City Civil Court, Madras on a petition filed under S.9 of the City Tenants Protection Act, seeking a direction to the landlord to sell the petition land to the tenant for a price to be fixed by the Court. It appears that the original tenant died during the pendency of the proceedings and his legal representatives have been brought on record. They will, however, be described as a 'tenant' hereafter.

(2.) The tenant's case was that he was a tenant under the grandfather of the present petitioner of an open site and he had put up a superstructure over the same. His further case was that he was also a tenant under the present petitioner-landlord and he was entitled to claim the right under S.9 of the City Tenants Protection Act. It is not necessary to refer in detail to the several defences raised with regard to the status of the tenant. For the purpose of the present revision petition, it is enough to refer to the contention raised on behalf of the landlord that the petition under S.9 itself was not maintainable because no proceeding for ejectment had been taken by the landlord.

(3.) The X Assistant Judge, City Civil Court, Madras, however, allowed the original petition and appointed a Commissioner to determine the market value. This order was confirmed by the First Additional Judge, City Civil Court, Madras in appeal.