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1969 Supreme(Mad) 3

SRINIVASAN, SADASIVAM
State of Madras represented by the Collector of Madras – Appellant
Versus
T. M. Oosman Haji and Co. , Madras – Respondent


Advocates:
Asst. Govt. Pleader and M. S. Sundararajan, for Petitioners; S. Parthasarathy, S. F. Rehman and T. Chengalavarayan, for Respondents.

Judgement

SADASIVAM J. :- These civil revision petitions have been directed by the learned Chief Justice to be posted before this Division Bench as they involve two questions of law of some importance, namely, whether Section 3 of the Government Grants Act of 1895 (originally called the Crown Grants Act) prevails over the provisions of the Madras City Tenants Protection Act 3 of 1922, and whether the State of Madras is bound by the provisions of the Madras City Tenants Protection Act unless this is expressly stated to that effect in the Act.

2. These civil revision proceedings arise out of petitions filed by four timber merchants carrying on business in Basin Bridge Road, Madras for fixation of fair rent under Section 7 (a) of the Madras City Tenants Protection Act 1922. It is an undisputed fact that the lands on which the timber depots are kept belong to the State of Madras and they have been leased out by the Corporation to the several timber merchants. The Government allowed the Corporation to lease their lands in the Basin Bridge Road to timber merchants, subject to their approval, on the condition that 50 per cent of the rent realised should be paid over by the Corporation to th




















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