AMARCHAND SOBACHAND Vs. K GOPALAKRISHNAN

JUDGEMENT

(1.) This Civil Revision Petition has been fled by the petitioner/plaintiff challenging the order passed in CMA.No.133 of 2009 dated 16.07.2010 on the file of the IV Additional Judge, City Civil Court,Chennai, confirming the order of the judgment and decree order dated 30.04.2009 in I.A.No.19276 of 1987 in O.S.No.6861 of 1986 on the file of the XV Assistant Judge, City Civil Court, Chennai.

(2.) The brief facts of the case are as follows:-

(3.) In the suit, summons were served on the defendant and on receipt of summons on 16.11.1987, the respondent/defendant filed I.A.No.19276 of 1987 to direct the petitioner/plaintiff to sell the suit property to him for a market value to be determined by the Court under Section 9 of the City Tenants Protection Act, 1922. (herein after referred as the "Act"). According to the respondent/defendant, the suit land was given on 15.08.1979 on long lease by the plaintiff specifically for the purpose of erecting "structures and super structures of several nature" with right to use the land "with all sorts of Powers" and in any manner, the defendant like. Therefore, the respondent/defendant contended that he had invested huge amounts in erecting superstructures including compound wall. Under these circumstances, the respondent/defendant filed an application in I.A.No. 19276/1987 for the relief as stated above.