RATNAM, ISMAIL
M. Arasan Chettiar – Appellant
Versus
S. P. Narasimhalu Naidus Estate Trust, Coimbatore – Respondent
ISMAIL, C.J. :- In these cases, a common question of law as to the interpretation of certain words occurring in Section 9 of the Tamil Nadu City Tenants, Protection Act, 1921 (Tamil Nadu Act 3 of 1922) as amended by Tamil Nadu Act 13 of 1960, arises, and the said Act will be hereinafter referred to as the Act. The Act was promulgated, as was originally enacted, to give protection to certain classes of tenants in municipal towns and adjoining areas in the State of Tamil Nadu. The preamble to the Act stated :
"Whereas it is necessary to give protection to tenants who in municipal towns and adjoining areas in the State of Madras have constructed buildings on others' lands in the hope that they would not be evicted so long as they pay a fair rent for the land".
This preamble itself was amended subsequently by Tamil Nadu Act IV of 1972, and we are not concerned with that amendment. In Section 2(4) of the Act the expression "Tenant" was defined as :
"'Tenant' in relation to any land - (i) means a person liable to pay rent in respect of such land, under a tenancy agreement express or implied, and (ii) includes -
(a) any such person as is referred to in sub-Cl.(i) who continues in pos
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