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1974 Supreme(Mad) 225

MAHARAJAN, RAMAPRASADA RAO
Rajendrakumar Bhandari – Appellant
Versus
Poosammal – Respondent


Judgement

RAMAPRASADA RAO, J. :- The unsuccessful plaintiff in O. S. No. 4305 of 1964 on the file of the City Civil Court, Madras, is the appellant. The first defendant is a lessee of a piece and parcel of land measuring 780 sq. ft. in R. S. No. 35/1 and 32 in Nungambakkam, Machay's gardens, Thousand Lights, Madras. Admittedly defendants 2 to 5 are the owners of this property. Exs. A.3 to A.5 evidence such a lease of the land in favour of the first defendant. It appears that the first defendant put up a structure on the land so leased out to her by defendants 2 to 5 and gained an entitlement under the provisions of the City Tenants Protection Act to purchase the land over which the superstructure was put up by her as and when she was sought to be evicted by the owners. It is common ground that defendants 2 to 5 filed an ejectment suit No. 35 of 1960 on the file of the Court of Small Causes, Madras, for eviction of the first defendant. The first defendant thereafter, pursuant to her statutory rights under the City Tenants Protection Act, filed the usual application under Sec. 9 thereof and obtained the necessary order entitling her to purchase suit land from defendants 2 to 5. This a




























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