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1965 Supreme(Mad) 486

M.NATESAN
Silambani Sri Chidambara Vinayagar Devasthanam, Devakottai through its Trustees – Appellant
Versus
Duraisamy Nadar – Respondent


Advocates:
R. Kesava Ayyangar for K. Parasaran, for Appellants.
A. Sundaram Ayyar and S. V. Jayaraman, for Respondents.

JUDGMENT.-

This second appeal by the plaintiff Silambani Sri Chidambara Vinayagar Devasthanam, Devakottai, by its Trustees, raises an interesting question of law as to the impact of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948) on the rights of a tenant of land from the landholder for building purposes, where the tenancy commenced prior to 1948, and the building erected by the tenant on the land, continued in the tenant’s occupation on the date of , the notification of the estate under the Act. The second appeal is connected with three revision petitions also by the appellant as petitioner, under section 115 of the Code of Civil Procedure. The cases were heard together both in the trial and appellate Courts. The suits being for arrears of rent, and of small cause nature in view of the value of the claim, three of them have been brought up to this Court in revision. Lease of vacant sites had been granted by the appellant to the several defendants, the defendants being permitted to put up buildings thereon at their own cost, the superstructure being removable by the tenants at the expiry of tenancy. They were, however, prohibited from sub-letting or as




















































































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