HAZARATH SAYED SHAMIAH SAKKAB KADIRI THAIKKAL REREPRESENTED BY ITS TRUSTEES C.S. PEERAN SAHIB Vs. T.B. IBRAHIM SAHIB

JUDGEMENT

(1.) THIS is a petition by one Hazarath Sayed Shamian Sakkab Kadiri Thaikkal, for revising and setting aside the order of the District Munsif, Tanjore, in O.P. No. 43 of 1956 holding that such an Original Petition would lie and that it need not be filed as an Interlocutory Application in the ejectment suit.

(2.) THE facts were briefly these : The petitioner is the landlord in respect of the suit property, the respondent Ibrahim Sahib being the tenant. In a suit for ejectment filed by the landlord -petitioner against the tenant -respondent, O.S. No. 315 of 1950, for recovery of possession of the properties after demolishing the superstructures erected thereon, the parties entered into a compromise on 10th January, 1952, fixing a rent of Rs. 60 per month and giving the tenant a lease for twelve years, from 1st January, 1952 till 31st December, 1963, at that rate of rent, the tenant being directed to vacate the premises on 31st December, 1963 and the landlord being entitled to get possession through Court, the tenant being entitled to remove the superstructure. But, during this interval of 12 years tenancy, given under the compromise, Madras Act III of 1952 was extended to Tanjore Town, where the property is situated, by G.O. 1345, Revenue dated 24th March, 1956. Under that Act, a right is given to a tenant in certain contingencies to purchase the leased property from the landlord for a price to be fixed the Court. The respondent -tenant filed O.P. No. 43 of 1956 under that Act for fixing the value and for making the landlord sell the property to him. The petitioner -landlord raised several contentions. One of those contentions, namely, that an Original Petition would not lie for this relief, but only an Interlocutory Application in O.S. No. 315 1950, should be filed, was treated as a preliminary point by the lower Court. The learned District Munsif came to the conclusion that, in the circumstances, and especially as the suit had been closed, and no execution was pending, an Original Petition would be the proper proceeding to agitate this question. Of course, he left all other contentions intact. The landlord has felt aggrieved at this decision and has come up here in revision.

(3.) THIS Civil Revision Petition deserves to be and is hereby dismissed, but, in the circumstances, without costs. All the other contentions of both the parties are left intact to be decided in the Original Petition.