Judgment

GAJENDRAGADKAR, C.J.I. : The short question which this appeal raises before us relates to the construction of S. 4(1) read with S. 4(4) of the Madras City Tenants Protection Act, 1921 (Madras Act III of 1922) (hereinafter called the Act ). This question arises in this way. On September 1, 1944, respondent No. 1, Tiruchirapalli Municipal Council, leased T. S. No. 3283/1-A/2 to the appellant, V. K. A. Ranganatha Konar, for a term of three years at a rent of Rs. 100 per month. On the premises thus let out to him, the appellant erected a building for the purpose of exhibiting cinematographic films. In 1945, he subleased the property to the second respondent, A. Muthukumaran. In 1947, the lease was renewed for a period of three years, and so, it expired on March 31, 1950. Nevertheless, the appellant and respondent No. 2 continued in possession.

2. On December 23, 1954, respondent No. 1 instituted a suit for the eviction of the appellant and respondent No. 2 and for arrears of rent. While the suit was pending, the Act was extended to the Municipal town of Tiruchirapalli. Accordingly, the value of the improvements made by the appellant and respondent No. 2 was determined by the learned trial Judge and declared to be Rs.64,661-13-5 under S. 4 (1) of the Act. On March 26, 1956, the trial Court passed a decree which, inter alia, provided "that the defendants do put the plaintiff in possession of the suit properties described hereunder on payment of Rs. 64,661-13-5 by the plaintiff to the first defendant being the compensation for the super structure belonging to the first defendant". The appellant was the first defendant in the said proceedings. This decree did not in terms direct respondent No. 1 to pay the said amount within three months from its date, and it is the omission to issue this direction which has caused the present controversy between the parties.

3. On October 1, 1956, the appellant filed an application I. A. No. 301 of 1956 inviting the attention of the Court to the fact that respondent No. 1 had not made the deposit within three months from the date of the decree, and claiming that by virtue of the provision prescribed by S. 4(4) of the Act, the Court was bound to dismiss the suit filed by respondent No. 1 for ejecting him and respondent No. 2. On November 5, 1956, respondent No. 1 filed a counter to this interlocutory application. On the same date, respondent No. 1 filed another interlocutory application praying that the decree in question should be amended so as to specify the time within which the deposit should be made. Pending these applications, on November 15, 1956, respondent No. 1 sent a cheque to the Court in regard to the said amount. The said cheque was duly cashed and the amount realised credited in the account of the Court on November 20, 1956. On that date, the trial Judge passed an order directing that the decree should be amended by inserting a direction to the effect that the deposit should be made before June 23, 1956, that is to say, within three months from March 26, 1956 on which date the original decree had been passed. Since this amendment could not help respondent No. 1, the learned trial Judge proceeded to pass an order dismissing the suit under the provisions of S. 4(4).

4. The order of dismissal was challenged by respondent No. 1 by an appeal preferred before the Madras High Court. It was urged before the High Court on behalf of respondent No. 1 that since the original decree did not give a specific direction that the amount of compensation should be paid within three months, the provisions of S. 4(4) could not be invoked until the decree was suitably amended. The argument was that it is only when the decree makes a direction calling upon the plaintiff to deposit a certain amount by way of compensation to the defendant-tenant within three months that the requirements of S. 4(1) are complied with, and it is only where a decree has been properly drawn in accordance with the requirements o