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1983 Supreme(SC) 333

R. S. PATHAK, SABYASACHI MUKHARJEE, Y. V. CHANDRACHUD
New Theatres (Carnatic Talkies) LTD. , Coimbatore – Appellant
Versus
N. Vajrapani Naidu – Respondent


Advocates:
BABY KRISHNAN, GOPAL SUBRAMANIUM, P.GOVINDAN NAYAR, Saroja Gopalakrishnan, SEITA VAIDIALINGAM, T.S.KRISHNAMURTHY IYER

JUDGMENT

R. S. PATHAK, J.:—This appeal by special leave is directed against an order dated March 30, 1971 of the Madras High Court dismissing a revision petition arising out of proceedings under the Madras City Tenants Protection Act, 1921.

2. Almost fifty years ago, on September 19, 1934, the respondent and his mother granted a lease in favour of one Abhirama Chettiar in respect of 50 cents of open land in Coimbatore for a period of twenty years on an annual rent of Rs. 1080/- for the construction of a building suitable for use as a theatre Abhirama Chettiar constructed a theatre on the site. Subsequently, on July 14, 1937 Abhirama Chiettiar assigned his rights to the appellant. The appellant attorned to the respondent and was accepted as a tenant. In March, 1964, the respondent served notice upon the appellant calling upon it to vacate the property and surrender vacant possession of the site. The appellant refused to do so, and set up an oral agreement entitling it to an extension of the lease for a further period of twenty years. The respondent filed a suit against the appellant for its ejectment. Shortly thereafter, the appellant filed a suit against the respondent for specific























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