Judgment

VAIDIALINGAM, J. : The short question that arises for consideration in this appeal, by certificate, is whether a term in a registered lease deed, in and by which the lessee of a vacant piece of land, agrees to surrender, on termination of the lease, not only the land but also the superstructure put up by him, for the price agreed to between the parties and provided for in the lease, is a "stipulation made by the tenant in writing registered as to attract, in favour of the landlord, the proviso to S. 12 of the Madras City Tenants Protection Act, 1921 (Madras Act III of 1922), as amended by the Madras City Tenant s Protection (Amendment) Act, 1955 (Act XIX of 1955) - hereinafter called the Act. In this appeal we are not concerned with the later amendment made to the Act.

2. The appellant was the owner of a vacant site bearing No. 4/7, Ponambala Vathiar Street, Mylapore, Madras-4. The respondent made a request to the appellant, by his letter Exhibit A-2, dated January 30, 1947, to lease in his favour the said vacant site for a period of ten years on a monthly rental of Rs. 30. In that letter the respondent stated that he wanted to put up a building on that site at a cost of no