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2010 Supreme(Mad) 2009

V.RAMASUBRAMANIAN
F. J. Irani & Others – Appellant
Versus
Hajee Sir Ismail Wakf Estate rep. By its Trustees A. Masood Sait & Others – Respondent


Advocates appeared:
For the Plaintiffs :T.V. Ramanujan, S.C. for P.J. Rishikesh, Advocate.
For the Defendant :S.B.S. Raman, Satish Parasaran, Advocates.

Judgment :

The suit is for enforcement of the right of pre-emption for the purchase of the suit schedule property.

2. Heard Mr.T.V.Ramanujan, learned senior counsel for the plaintiffs, Mr.S.B.S.Raman, learned counsel for the first defendant and Mr.Satish Parasaran, learned counsel for the second defendant.

3. Theaverments contained in the plaint, in brief, read as under:

(a)One Mr.J.H.Irani took on lease the premises bearing Door Nos.2, 3 and 4, Blackers Road, Mount Road, Madras. The lease was taken on and from 14. 1940 from the Receivers of the Estate of Late Haji Sir Ismail Sait and a registered lease deed was entered into on 17.02.1943. The land bearing Door Nos.2 and 3 were taken on lease for the purpose of putting up a cinema theatre and consequently, the land contiguous to the theatre land was also absolutely necessary;

(b)The period of lease was prescribed under the lease deed as twenty one years commencing from 14. 1940 and ending on 14. 1961, with an option for renewal for a further period of ten years, ending on 14. 1971. The lease rental was fixed at Rs.450/- per month;

(c)The lease was actually in respect of the land with authority to construct a theatre building adjac




















































































































































































































































































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