Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madras City Tenants Protection Act 1921: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control and Eviction:Madras City Tenants Protection Act, 1921:s. 1 (3) proviso (f) (as inserted by Tamil Nadu Act 2 of 1996, and s. 9 - Purchase of rented land by tenant - Exemption to land belonging to 'religious institution' - Suit by land owner for recovery of possession of land - Application under s. 9 by tenant for purchase of land - During pendency of proceedings, Amendment Act 2 of 1996 coming into force - Effect of - HELD: Land owner being a 'religious institution' within the meaning of s.1 (3) proviso(/), entitled to benefit of the amendment Act - With coming into force of amendment Act, proceedings instituted by tenant u/s 9 would abate - Decree passed thereafter in favour of tenant became a nullity and executing court committed an error in executing the sale deed - Abatement - Code of Civil Procedure, 1908 - s.114 - Or. 47, r.1 - Review.s. 9 r/w proviso (f) to s.1 (3) - "Conveyance" of title - Proceedings u/s 9 for purchase of rented land by tenant pending - Meanwhile proviso (f) to s.1 (3) inserted by Tamil Nadu Act 2 of 1996 coming into force - HELD: Decree having not been executed by proper document conveying title, proceedings u/s 9 are deemed to be pending and are determined with coming into force of the Amendment Act - The view to the contrary, as expressed in Arulmigu Kasi Viswanathaswamy Devasthanam v. Kasthuriammal, [2006] 2 MLJ 281 (FB) is overruled. Code of Civil Procedure, 1908.Or. 47, r.1 - Review - Held: If the judgment/order is vitiated by an apparent error or it is pulpably wrong and the error is itself evident, review is permissible - On facts, High Court rightly applied the principles.Respondent-Mission, the owner of the suit land leased it out to the appellant tenant for a specified period. The tenant raised structure thereon. After expiry of the lease period, the Mission filed O.S. No.218 of 1969 for recovery of the land. However, both the parties reached a compromise and the suit was accordingly disposed of. Since the tenant did not vacate the premises the landlord filed a fresh suit being O.S. No.76 of 1977 whereas the tenants filed O.P. No.4 of 1977 in the said suit for purchase the suit land in terms of s.9 of the Madras City Tenants Protection Act, 1921. The trial court decreed O.S. 76 of 1997 and dismissed O.P. No. 4 of 1977. The tenant filed two appeals, one against the decree in O.S. No.76 of 1977 and the other against the order in O.P. No.4 of 1977. The first appellate court, allowed both the appeals of the tenant. The landlord filed a second appeal against the judgment setting aside the decree passed in its favour and a revision petition against the order allowing O.P. No.4 of 1977 of the tenant. The High Court dismissed both the appeal as also the revision petition. The SLP filed by the landlord was also dismissed by the Supreme Court. In the meantime, the tenant deposited the full site value and filed an execution petition i.e. E.P. No.257 of 1985 for execution of the sale deed of the land/ property in question in her favour. On the other hand, the landlord filed an execution petition being E.P.No. 79 of 1983 for executing the compromise decree in O.S. No. 218 of 1969. The executing court allowed E.P. No.257 of 1985 filed by the tenant and dismissed EP No. 79/83 filed by the landlord. The landlord filed a revision petition being CRP. No.1445 of 1988 against the order in E.P. No. 79 of 1983 and an appeal being A.A.O. No. 767 of 1989 against the order in E.P. No.257 of 1985. Both the matters were dismissed by the High Court by its order dated 26.7.1997 upholding the directions of the executing court to execute the sale deed in favour of the tenant. Consequently, the sale deed in favour of the tenant was executed by the Court on 28.10.1996. The landlord unsuccessfully filed SLPs before the Supreme Court. Thereafter review applications being Review Application Nos.8 and 9 of 1997 were filed by the landlord in the High Court against its order dated 26.7.1997, but the same were dismissed. The landlord challenged the order in S.L.Ps. before the Supreme Court, which passed an order of remand of Review Applications No.8 and 9 of 1977. Meanwhile the Madras City Tenants Protection Act, 1921 was amended by the Madras City Tenants Protection (Amendment) Act (Tamil Nadu Act 2 of 1996). Review Petitions No.8 and 9 of 1997 were allowed by the High Court. Consequently, the proceedings for return of the registered sale deed to the tenant were dismissed by the executing court.In the instant appeals filed by the tenant, it was reiterated on behalf of the appellant that the issue could not be agitated once again by way of review application and, therefore, the judgment of the High Court should be set aside.The only point for consideration in the instant appeals was as to whether the High Court was justified in allowing Review Application Nos.8 and 9 of 1997 under Order 47 r.1 of the Code of Civil Procedure, 1908. The Court also called for a report from the trial court, which gave a finding that the respondent Mission was a religion institution within the meaning of s.1(3) proviso (f) of the Madras City Tenants Protection Act, 1921 as amended by Tamil Nadu Act 2 of 1996. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1233 |
Petitioner | S. Bhagirath Ammal |
Respondent | Palani Roman Catholic Mission |
SCR | [2007] 12 S.C.R. 1050 |
Judgement Date | 2007-12-06 |
Case Number | 78-791 |
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