NDLI: P. Ananthakrishnan Nair & Anr. Vs. Dr. G. Ramakrishnan & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Tamil Nadu City Tenants Protection Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Tamil Nadu City Tenants Protection Act, 1921 (3 of 1922)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Tamil Nadu City Tenants Protection Act, 1921: ss. 2, 3, 4 and 9- Tenants right to purchase demised land-Nature of-Superstructures constructed thereon in occupation of sub-tenants-Whether tenants entitled to the statutory benefit. Section 3 of the Tamil Nadu City Tenants' Protection Act, 1921 - provides that every tenant shall on ejectment he entitled to he paid compensation for the value of building which may have been erected by him. Section 9 of the Act, provides that a tenant who is entitled to compensation under s. 3 and against whom a suit for ejectment is instituted may apply for an order that the landlord may be directed to sell the land to him for the price to be fixed by the court.The predecessor-in-interest of the appellants had obtained a lease of vacant land in the city of Madras from the ancestors of the respondent-landlords in 1924 and constructed superstructures thereon for carrying on business. The business was, however, discontinued in 1964. A partition suit was filed and the first appellant was appointed receiver. Before a final decree could be passed in that suit, the respondent landlords served notices on the heirs of the original tenant terminating the lease and later filed ejectment suits against them. Only defendant No. 4 (2nd appellant) and defendant No. 11, advocate receiver (1st appellant) contested the ejectment suits. Ex-parte proceedings were taken against the other defendants. Defendant No. 4 filed an application in each of the ejectment suits claiming the benefit of s. 9 of the Act, with a prayer to the court for directing the landlords to sell the land to the defendants and to appoint a commissioner to ascertain the price. The Trial Court rejected the application on the findings that the defendants were not in occupation of the property, for they had let out the entire building to sub-tenants except a small portion thereof where the account books were kept, and that the defendants did not require any portion of the land for running their business or for the convenient enjoyment of the superstructures. On appeal by defendants 4 and 11 under s. 9A of the Act, the appellate authority held that as the defendants had not been in possession and occupation of the premises, they were not entitled to the benefit of s. 9. The High Court affirmed the findings of the courts below and dismissed the revision petitions preferred by the appellants.
Judge	Honble Mr. Justice K.N. Singh
Neutral Citation	1987 INSC 90
Petitioner	P. Ananthakrishnan Nair & Anr.
Respondent	Dr. G. Ramakrishnan & Anr.
SCR	[1987] 2 S.C.R. 734
Judgement Date	1987-12-31
Case Number	387

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