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1961 Supreme(Mad) 116

RAMACHANDRA.IYER
Peria Maria Gounden – Appellant
Versus
P. K. Ramaswami Goundar – Respondent


Advocates:
A. Ramanathan, for Petitioner.
V. Tyagarajan and S. Mohankumaramangalam, for Respondent.

JUDGMENT.-

This Revision Petition raises the question whether a landlord would be entitled to take advantage of the provisions of the Madras Fair Rent Act (XXIV of 1956) (which will be hereinafter referred to as the Act), and institute proceedings for fixation of a fair rent against a cultivating tenant who owns or enjoys as a tenant lands exceeding 6 2/3 acres. The petitioner obtained a lease for a period of three years from the year 1953, of an extent of 19.68 acres of lands which were partly garden lands and partly dry lands with coconut trees from the owner, one Palani Chettiar. The rent reserved under the lease was Rs. 625 per annum.

Although the period of the lease had expired, the petitioner continued in possession of the properties, claiming to be a cultivating tenant entitled to protection under the Madras Cultivating Tenants’ Protection Act, 1955. Palani Chettiar sold the lands to the respondent for a sum of Rs. 16,000. Soon after the purchase, the respondent filed a petition before the Rent Court (Tahsildar) at Pollachi under sections 3 and 9 of the Fair Rent Act for fixing a fair rent which, according to him, would be Rs. 3,416 per year. The tenant resisted the applicati

























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