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1972 Supreme(Mad) 345

V.RAMASWAMI
Gangayya – Appellant
Versus
S. Mandan Chand Samdaria – Respondent


Advocates:
M. S. Abdul Azeez, for Appellants; P. V. Subramanian, for Respondents.

JUDGMENT :- These two second appeals have been filed by two separate defendants. The respondents herein are the plaintiffs in the suit. The suit was filed for recovery of possession after removing the superstructure and for costs. It was the case of the plaintiffs that the defendants-appellants were the tenants of two separate portions of the suit land on a monthly rent of Rs. 4/-and that the tenancy was terminated by notice dated 20-10-1964. The defendants pleaded that the tenancy was from 1-4-1955, prior to the coming into force of the Madras City Tenants Protection (Amendment) Act. 1955, and that, therefore, they were entitled to the protection under Section 9 of the Act. The only question therefore before the courts below was whether the tenancy commenced prior to 12-9-1955, on which date the Madras City Tenants Protection (Amendment) Act came into force as contended by the defendants or whether the tenancy was created only on and from 1-4-1956 as contended by the plaintiffs.

2. The defendants apart from their oral evidence relied on Ex. B, 19 dated 1-4-1955 in support of their contention that the tenancy commenced from 1-4-1955 and not from 1-4-1956. Ex. B-19 is a lease deed ex




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