K.S.RAMAMURTI
S. M. Abdul Jameel – Appellant
Versus
Messrs. Simson and Machonochy Ltd. – Respondent
The only point that survives for decision is whether the second defendant is entitled to rely upon section 3 of Madras Act XI of 1964, amendment to the Madras Buildings (Lease and Rent Control) Act of 1960. The brief facts of the case may be stated.
The suit property known as ‘Badshaw Buildings ‘situated in Errabalu Chetty Street and Sembudoss Street was leased out by the plaintiff to the first defendant for a period often years commencing from 1st January, 1954, under the registered deed of lease, Exhibit P-l on a monthly rent of Rs. 1,750 for the entire premises. This lease deed under clause 6 (3) empowered the lessee to assign, let or sub-let all or any portion of the demised premises as the lessee may deem fit during the currency of the lease. In pursuance of that power, the first defendant had sub-let two separate portions of the premises to 2nd and 3rd defendants. The period; of termination of the lease is 31st December, 1963, but during that last year of the lease the first defendant made some attempts with the plaintiff to obtain a renewal of the lease but without success as the plaintiff would not agree to a renewal of the lease and insisted upon having possessio
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