K.B.K. Vasuki, J.

1. Both the Civil Revision Petitions are filed by the Plaintiff in O.S. No. 2494 of 1999. While C.R.P. No. 1601 of 2008 is filed against the Order made in C.M.A. No. 11 of 2004 reversing the Order made in I.A. No. 13689 of 1999 filed by the First Defendant in the Suit under Section 9 of the Madras City Tenants' Protection Act, C.R.P. No. 4771 of 2013 is filed against the Order made in I.A. No. 965 of 2012 in and under which the Petition for amendment filed by the Plaintiff was rejected by the Trial Court. The few facts which are relevant for consideration herein are as follows:

The Plaintiff-Club namely Thyagaraya Nagar Social Club is the owner of the property measuring 14 grounds comprised in Old S. Nos. 37 & 41 and New Resurvey Nos. 6174 & 6177 in Nageshwararao Raod, T. Nagar, Chennai. After having purchased the property from the Corporation of Madras the Plaintiff-Club put up construction for housing the club. During 1975, the First Defendant-M/s. Woodlands Tiffin Rooms represented by its Managing Partner by name K. Gopal Rao entered into a Lease Agreement in respect of an extent of 5263 sq.ft. facing Nageswararao Road to carry on Hotel Business. The regular Lease Agreement was entered into between the Plaintiff-Club represented by its President and M/s. Woodlands Tiffin Rooms represented by its Managing Partner-K. Gopal Rao and the lease agreed was for a period of 35 years from 28.6.1975 for the purpose of running restaurant for monthly rent of Rs. 24,000 p.a. for the first five years subject to periodical increase once in five years. The other terms and conditions agreed between the parties were duly entered into in the Lease Agreement, one of which is the lessee will not assign or sublet or otherwise part with the land demised or any constructions erected thereon or any part thereof without the permission in writing of the lessor. The lessee sought permission to sublet the portion of the building to the Second Defendant/Bank of Maharashtra, to avail Bank facilities and however, the Lease Deed was entered into with the same clause and no permission was given in writing to the First Defendant to sublet the portion of the building to the Second Defendant/Bank of Maharashtra. The same compelled the Plaintiff-Club to file CS. No. 392 of 1989 for declaring that the Defendants 1 & 2 are not entitled to sublet the premises under the cloak of partnership and for consequential Permanent Injunction restraining the Defendants 1 & 2 from subletting it to the Defendants 3 to 8 therein. The Suit was thereafter, transferred to City Civil Court, Chennai and renumbered as O.S. No. 4561 of 1996 and the same was subsequently dismissed for default.

2. While so, the Plaintiff-Club has come forward with the present Suit in O.S. No. 2494 of 1999 arising out of which are the present CRPs and the relief sought for in the Suit is for directing the Defendants to surrender the possession of the Suit property measuring about two grounds and 463 sq.ft. equivalent to 5263 sq.ft. within the four boundaries mentioned therein, on the same ground that the First Defendant sublet the demised property to the Second Defendant in gross violation of the terms of the Agreement and on the ground that the First Defendant was collecting huge rent and obtaining loan facilities with the security of the property belonging to the Plaintiff club. The Suit was filed along with I.A. 6986 of 1999. The First Defendant/M/s. Woodlands Tiffin Room on receipt of the Notice in IA and before receiving summons in the Suit came forward with I.A. No. 13689 of 1999 seeking the benefits under Section 9 of the Madras City Tenants' Protection Act for directing the Plaintiff Respondent to sell entire land measuring 5263 sq.ft. which is the subject matter of the Lease Agreement, for the price to be fixed by the Court.

3. The Application under Section 9, was seriously contested by the Respondent-Plaintiff by denying the right of the First Defendant to maintain a clai