JUDGMENT :- C. S. No. 6 of 1973. Suit for declaration relating to the half share in house and ground No 31, Basin Water Works Street, G. T. Madras', for division, and for separate possession of the said half share.

2. The plaint allegations inter alia are :

3. The first defendant is the wife of the plaintiff. They were married in or about 1937. They have two daughters and one son. The first defendant's father had a small old superstructure, namely, No. 31, Basin Water Works Street, G. T. Madras. The land belonged to the Corporation of Madras. In 1954, the Corporation of Madras filed an Ejectment Suit No. 41 of 1954 in the Court of Small Causes, Madras to evict the first defendant. An application was filed to purchase the land as the tenancy was covered by the provisions of the Madras City Tenants' Protection Act of 1922. Ultimately, a sum of Rs. 1,292 was paid as the price of the land and a sale deed was obtained in the name of the first defendant with the money paid by the plaintiff. In 1962, the superstructure thereon was rebuilt from the money advanced by the lessees Messrs. Southern Roadways which was a sum of Rs. 12,000. The plaintiff raised a loan of Rs. 9,000 in 1965 from one

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