An application filed under Section 9 of the Tamil Nadu City Tenants' Protection Act, 1922, has to be disposed of prior to the disposal of the main suit.

Defendants in O.S. No. 1017 of 1992 on the file of Principal District Munsif, Vellore, aggrieved against the order in I. A. No. 824 of 1994 wherein the court below refused to dispose of the application filed under Section 9 of the Tamil Nadu City Tenants' Protection Act prior to toe disposal of the main suit, has filed the present revision before this Court.

2. The respondent/ plaintiff filed O.S. No. 1017 of 1992 before the Principal District Munsif, Vellore, seeking decree for payment of Rs. 5, 250/- being the arrears of rent from 1-12-1990 to 31-8-1992 and directing the defendants to vacate and hand over vacant possession of the schedule mentioned property to the plaintiff. The first defendant filed a written statement disputing various plaint averments. Pending suit the defendants filed an application in I.A. 47 of 1994 under Section 9 of the City Tenants' Protection Act praying for an Order directing the plaintiff to sell the suit land for a price to be fixed by the Court. Thereafter, the petitioners herein filed another application, namely, I.A. No. 824 for disposal of the petition filed under Section 9 of the said Act prior to the disposal of the suit. The said application was resisted by the plaintiff and contended that the applicationfiled under Section 9 of the said Act can be disposed of simultaneously that is along with the main suit, hence there is no need to take up the said application prior to the disposal of the suit.

3. 1 have heard Mr. V. Raghavachari learned counsel for the petitioners and Mr. S. Parthasarathy, learned counsel for the respondent.

4. Now we have to consider whether the application filed under Section 9 of the Tamil Nadu City Tenants' Protection Act (hereinafter referred to as "the Act") can be disposed of prior to the disposal of the main suit or both can be tried and disposed of simultaneously. For answering the above point it is useful to refer Section 9 of the Act:

"9. Application of Court for directing the landlord to sell land--

(1)(a)(i) Any tenant who is entitled to compensation under Section 3 and against whom a suit in ejectment has been instituted or proceedings under Section 41 of the Presidency Small Cause Courts, Act, 1882, taken by the landlord may, within one month of the date of the publication of Madras City Tenants' Protection (Amendment) Act, 1979, in the Tamil Nadu Government Gazette or of the date with effect from which this Act is extended to the municipal town, township or village in which the land is situated or within one month after the service on him of summons, apply to the Court for an Order that the landlord shall be directed to sell for a price to be fixed by the Court, the whole or part, of the extent of land specified in the application.

(ii) Notwithstanding anything contained in clause (a) (i) of this sub-section, any such tenant as is referre to in sub-clause (ii)(b) of Clause (4) sub-section (2) or his heirs, may within a period of two months from the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1973 apply to the Court (whether or not a suit for ejectment has been instituted or proceeding under Section 41 of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882) has been taken by the landlord or whether or not such suit or proceeding is pending having jurisdiction to entertain a suit for ejectment or in the City of Madras either to such court or to the Presidency Small Cause Court, for an order that the landlord under the tenancy agreement shall be directed to sell for a price to be fixed by the Court the whole or part of the extent of land specified in the application.

(b) On such application, the Court shall first decide the minimum extent of the land which may be necessary for the convenient enjoyment by the tenant. The Court, shall, then fix the price of the minimum extent of the land decided as aforesaid, or of the extent of the land specified in the application under Clause (a) whichever is less.