1975 Supreme(Mad) 308
S.NATARAJAN, K.VEERASWAMI
Haridas Girdharidas and others – Appellant
Versus
M. Varadaraja Pillai and another – Respondent
Advocates:
V. K. T. Chart for L. V. Krishnaswami Iyer, Janaki Krishnan and L.K. Sankaran, for Plaintiffs.
M. K. Nambiar for K. Parasaran and S. Jagadisan, for 1st defendant.
The Additional Government Pleader, for 2nd defendant.
Veeraswami, C.J.- This is a prolonged litigation involving landlord and tenant and the provisions of the Madras City Tenants Protection Act, 1921 (III of 1922) as amended by Madras Acts XIX of 1955, IV of 1972 and XXIV of 1973. The tenant, one Varadaraja Pillai, who having died on 21st May, 1974 and is now represented by his heirs, asks in his applications for a direction to the landlord to sell to him the land covered by the lease for a price to be fixed either on the ground that in view of Madras Act IV of 1972, the Judgment in H. Girdharidas v. V. Pillai1, is null and void or on reopening of review of that Judgment in terms of section 9 (3-A) of Madras Act XXIV of 1973. The appellants there had by a registered lease deed dated 17th November, 1938 leased out to the tenant a certain plot of land for a period of fifteen years and three months on a rent of Rs. 560 per month with an option for renewal for a further term of ten years but at the enhanced rent of Rs. 630 per month. Under the terms of the lease the tenant constructed a theatre on the land at a cost of more than Rs.50,000 for exhibition of cinema films. At the expiration of the lease period, the lessor exercised the optio
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