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1964 Supreme(SC) 349

J. C. SHAH, K. N. WANCHOO, P. B. GAJENDRAGADKAR
V. K. A. Ranganatha Konar – Appellant
Versus
Tiruchirappalli Municipal Council By Its Commissioner – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, S.VENKATESHWARA RAO, T.V.R.TATACHARI

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 le















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