CANARA BANK HAVING ITS HEAD OFFICE AT NO 112 J C ROAD BANGALORE 560 002 AND ALSO HAVING ZONAL OFFICE AT NO 770 A ANNA SALAI CHENNAI 2 Vs. MUSIC WORLD ENTERTAINMENT LTD

JUDGEMENT

(1.) THIS CRP has been filed by the petitioner herein against the dismissal of the interim application in M.P.No:56 of 2003 in RCOP. No.1890 of 2001 before the learned XV Judge, Court of Small Causes (Rent Controller), Chennai, questioning the jurisdiction of the authority to entertain a fair rent petition filed by the respondent herein under Section 4 of the Rent Control Act.

(2.) ACCORDING to the petitioner the so called lease deed was a transaction sui generis in a nature amounting to all incidence arising out of a conveyance. On a cumulative reading of the various clauses in the so called lease deed it will be clear that the transaction though styled as a lease deed confers all rights of absolute ownership and is a transfer of all interest in immovable property in favour of the petitioner bank and that the said petition filed under Section 4 of the Rent Control Act should be dismissed. Earlier on the application filed by the Bank to try the issue of jurisdiction as preliminary issue was dismissed by the Rent Controller holding that the said issue can be decided along with other issues. Thereupon the petitioner herein filed CRP.No:586 of 2003 and this court by order dated 23.12.2005 disposed of the said CRP directing that the Rent Controller should decide the question of jurisdiction as preliminary issue. Consequently, the Rent Controller by the impugned order dismissed the said application holding that there exists a landlord-tenant relationship. Aggrieved of the same, the present CRP is filed by the petitioner.

(3.) ACCORDING to the learned senior counsel appearing for the revision petitioner, the important clauses which clearly show that the document was only a sale and not a lease are as follows:-