HAZARATH SAYED SHAMIAN SAKKAB KADIRI THAIKKAL, REPRESENTED BY ITS TRUSTEE C.S. PEERAN SAHIB Vs. T.B. IBRAHIM SAHIB (DIED) AND ORS.

JUDGEMENT

(1.) THE petitioner was the landlord who owned the sites which were let to the tenant, Ibrahim Sahib, whose legal representatives have been brought on record as respondents 2 to 13. The vacant sites were leased to Ibrahim Sahib under two lease deeds, one in 1930 and the other in 1931. In 1950 the petitioner filed O.S. No. 315 of 1950 to eject the tenant Ibrahim from the sites in question and to recover possession of the sites as vacant sites. It should be remembered that Ibrahim had put up structures on the sites when he was the tenant. That suit ended in a compromise which was the basis of the decree dated 10th January, 1952. Clause 1 of the decree provided that Ibrahim should continue in possession as a tenant of the sites for a period of 12 years from 1st January, 1952, on payment of monthly rent of Rs. 60.

(2.) ACT XIX of 1955 which amended Act III of 1922 and provided for the extension of the provisions of Act III of 1922 to areas other than Madras provided for the issue of a Notification by the Government. It was common ground that the Notification extending to Tanjore the provisions of Act III of 1952 as amended by Act XIX of 1955 was issued on 28th March, 1956.

(3.) THE relevant portion of Section 9 runs: