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1922 Supreme(Mad) 303

SPENCER, V.RAO
V. Parthasarathi Aiyangar And – Appellant
Versus
Doraisami Naicker – Respondent


JUDGMENT

Spencer J.

1. The question referred to us is whether a tenant in occupation of trust lands belonging to a temple or mosque can enforce a compulsory sale under Section 9 of the Madras City Tenants Protection Act and require the temple or mosque to deliver the land to him on a valuation to be made by the Court.

2. There is no difficulty, to my mind, in including the trustees of temples, mosques and other religious endowments within the definition of "landlord" in Section 2 of Madras Act III of 1922, as they certainly are persons entitled to collect the rent of the land on behalf of another person. A greater difficulty arises when we come to consider Section 9. This section provides for the compulsory sale by a landlord of land in the possession of a tenant in the City of Madras from which the tenant is sought to be ejected in a suit instituted under the Presidency Small Cause Courts Act. The explanation to this section defines "land" as "the interest of the landlord in the land and all other interests which he can, convey under any power." If they, signify easements and other subsidiary interests, it would have been easy for the Act to so describe them. If the title to the land































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