Official trustee would not create a fresh tenancy.

Ramaprasada Rao, J.-These two appeals are somewhat connected. L.P. A. No. 12 of 1976 is directed against the Judgment of N. S. Ramaswami, J., in Appeal No. 19 of 1972 and O.S.A. No. 3 of 1976 is against an order of S. Mohan, J., in Application No. 3234 of 1975 in O.S. No. 158 of 1920. We shall first deal with L.P.A. No. 12 of 1976.

2. M. A. Mohamed Burhanuddin Sahib entered into an arrangement with the Official Trustee, Madras, under Exhibits A-1 and A-2 dated 12th May, 1961 and 4th January, 1963, which were styled as lease deeds, in and by which Mohamed Burhanuddin Sahib (hereinafter referred to as the original tenant) obtained a right to collect the rents from a market called Connemara Market in Pudupet, Madras. There are a number of stalls in the said market which is used as a daily market. apparently for administrative convenience, the Official Trustee enabled Mr. Sahib to collect the rents from the various stalls in the market and pay him a monthly rent of Rs. 970 and the tenant was obliged to perform various other obligations which he undertook under the lease deed. For the purpose of this appeal, it is unnecessary to state in detail the terms and conditions under which the arrangement was entered into between the Official Trustee and late Mr. Sahib. The lessee, as Mr. Sahib was called, was to meet all the commitments as regards electricity, costs of minor repairs and pay the water supply charges as also the charges to the Corporation of Madras for running the market in accordance with the rules of the Corporation of Madras, and the lessor, vis., the Official Trustee, was to pay the property-tax on the premises and continue the arrangement as above for a period of five years from 1st March, 1961, with option to Sahib to renew the so-called lease for a further period of three years on the same terms and condition enumerated in what is known as the lease deed. Under Exhibit A-4 the Official Trustee determined the lease with effect from 31st March, 1969 and called upon Sahib, who was the first defendant in the main suit instituted by the Official Trustee, to surrender possession. The first defendant failed to do so. Hence the suit for possession was filed by the Official Trustee impleading the said Mohamed Burhanuddin Sahib as the first defendant and the second defendant who is said to have purchased a share in the property in ancillary proceedings. The Official Trustee impleaded the above second defendant only by way of abundant caution and never sought relief against him. The first defendant’s contentions were three-fold. Firstly, his contention was that the Madras Buildings (Lease and Rent Control) Act XVIII of 1960 (hereinafter referred to as the Act) was applicable to the building and therefore, a bare suit for eviction in a civil Court and for consequential possession does not lie. He questioned the jurisdiction of the civil Court to entertain the suit for possession. Secondly, he would say that the notice of determination of the tenancy was not in order and therefore, the suit has to fail. He also contended that the Official Trustee did not represent all the interests of the shareholders and that therefore, the suit as such and as framed is not maintainable. The suit was originally tried in the City Civil Court and it resulted in a decree in favour of the Official Trustee. The first defendant filed an appeal to this Court, but he died pending appeal on 11th May, 1972. Thereupon, the present appellants including; the second defendant were brought on record as the deceased first defendant’s local representatives. N. S. Ramaswami, J., once again considered the objections of the appellants and would not agree with him. In particular, he would not countenance the contention that in view of the amendment of section 2 (8) of Act XVIII of 1960 by Act XXIII of 1973, the present proceeding for possession against them is incompetent as they have secured a statutory right to continue in the premises under the provisions of Act XV

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