LAWS(MAD)-1958-5-14

A. PONNAMBALA ACHARY Vs. K. MANI

Decided On May 13, 1958
A. Ponnambala Achary Appellant
V/S
K. MANI Respondents

JUDGEMENT

(1.) THIS is a revision filed at the instance of the landlord against the order directing the issue of a commission to value a plot of land in the backyard of premises No. 61, Market Street, Siruvallur, Perambur, Madras.

(2.) ON 9th July, 1949, the petitioner's father granted a lease of the house -site mentioned above to the respondent for the purpose of enjoying the same by erecting a thatched shed for a period of five years from the date of lease at a rental of Rs. 2 per month. It was stipulated in the lease deed:

(3.) SHORTLY after the ejectment decree, Madras Act XIX of 1955 came into force by which certain rights were given to tenancies of land created before' 10th September, 1955. That Act extended the provisions of the Madras City Tenants Protection Act III of 1922 to tenancies of land created prior to the passing of Act XIX of 1955. On 4th October, 1955, the respondent filed M.P. No. 2721/B of 1955 before the lower Court claiming relief under Act III of 1922 and praying for the appointment of a Commissioner to value the plot of land mentioned in the lease and fix its price so as to enable the respondent, the tenant, to purchase the same. The learned Judge directed the issue of the commission. The landlord has filed this revision petition against that order.