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2007 Supreme(Mad) 1569

S.ASHOK KUMAR
Canara Bank, Having its Head Office at No. 112, J. C. Road, Bangalore 560 002 and also having Zonal Office at No. 770-A, Anna Salai, Chennai-2 – Appellant
Versus
Music World Entertainment Ltd. , Formerly known as Spencer Estates Ltd. , Rep. By its authorised representative Mohan Krishnan, 76, Anna Salai, Chennai-2 – Respondent


Advocates:
For the Petitioner:V.T. Gopalan S.C., for K. Bijay Sundar. For the Respondent:K. Ramasamy S.C., for R. Rathinasabapathy, Advocate.

Judgment :-

This CRP has been filed by the petitioner herein against the dismissal of the interim application in M.P.No:56 of 2003 in RCOP. No.1890 of 2001 before the learned XV Judge, Court of Small Causes (Rent Controller), Chennai, questioning the jurisdiction of the authority to entertain a fair rent petition filed by the respondent herein under Section 4 of the Rent Control Act.

2. According to the petitioner the so called lease deed was a transaction sui generis in a nature amounting to all incidence arising out of a conveyance. On a cumulative reading of the various clauses in the so called lease deed it will be clear that the transaction though styled as a lease deed confers all rights of absolute ownership and is a transfer of all interest in immovable property in favour of the petitioner bank and that the said petition filed under Section 4 of the Rent Control Act should be dismissed. Earlier on the application filed by the Bank to try the issue of jurisdiction as preliminary issue was dismissed by the Rent Controller holding that the said issue can be decided along with other issues. Thereupon the petitioner herein filed CRP.No:586 of 2003 and this court by order dated




































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