S P PERUMAL CHETTIAR Vs. MKKONDAL CHETTY

JUDGEMENT

(1.) The appellant is the owner of 1/34, Selva Vinayakar Koil Street, Old Washermanpet, Madras. This house is the superstructure upon a site belonging to the respondents, and the appellant pays ground rent to the respondents. The respondents applied by a petition under Section 7 of the Madras City Tenants Protection Act (Madras Act III of 1922) to the City Civil Court to fix a reasonable rent for the occupation of the land on which the appellant's house is built. The ground rent previously paid was Rs. 7 per1 month. The learned Principal Judge of the City Civil Court heard the application, came to the conclusion that a reasonable rent would be Rs. 7-12-0 and fixed the rent at that figure. This is Within the limit fixed by the proviso to Section 7 of the Act. The proviso is: That the rent previously payable for the land shall not be enhanced by more than two annas in the rupee.

(2.) The appellant has filed this appeal purporting to be under Section 15 of the City Civil Court Act read with Section 96 bf the Civil Procedure Code.

(3.) Learned Counsel for the respondents has taken a preliminary objection that the order passed by the learned Principal Judge of the City Civil Court in this case is not subject to appeal. He has pointed out that Section 7 enables the Court to fix a reasonable rent "by its order". In the Madras City Tenants Protection Act, no appeal is given from an order passed under Section 7. On general principles, it is Laid down in Section 105 of the Civil Procedure Code: Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction.