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1946 Supreme(Mad) 134

SOMAYYA
S. Murugesa Gramani – Appellant
Versus
The Province of Madras represented by the Collector of Madras – Respondent


Advocates:
K.E. Rajagopalachari and P.B. Ananthachari for Appellant.
The Government Pleader (K. Kuttikrishna Menon) instructed by the Crown Solicitor for Respondent.

Judgment

This appeal arises out of a suit filed by the appellant for a decree restraining the defendant-respondent by an injunction from interfering with the appellant’s right to the suit land and for a declaration that he is entitled to the reliefs provided under Madras Act III of 1922 (Madras City Tenants Protection Act) The appellant’s father was granted a lease of a plot of land measuring 180 square feet in Perambur within the city of Madras. This was in the year 1917 and the monthly rent was Rs. 5. After the death of the father successive leases were granted by the respondent from time to time. In 1934., the appellant requested the Government to assign the land to him but the Government refused. A similar request was made in 1935 and that again was turned down. In May, 1941, the respondent terminated the lease on the ground that one of the conditions of the lease was violated and that the lease contained a provision for forfeiture and re-entry. The lease that was current at that time was that under Ex. D-23 which ran from 1st July, 1938 up to the 30th June, 1941. A notice informing the appellant that his lease was forfeited and asking him to quit was given on the 14th May, 1941












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