IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.R.P.No.2203 of 2025 and C.M.P.Nos.12794 & 12798 of 2025

1.M/s.Jayanthi Cinema Talkies, Represented by Jayanthi, No.64/68, Seven Wells Street, Nandambakkam, Chennai – 600 016.

2.Lalitha Ramanujam

3.Jayanthi ... Petitioners Vs.

1.Dhanalakshmi Ammal @ Kutti Ammal

2.Devarajan

3.The District Collector, Kancheepuram District, Kancheepuram, Tamil Nadu. ... Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India against the judgment and decree dated 28.02.2025 in C.M.A.No.3 of 2024 on the file of the Sub-Court, Alandur.

For Petitioners : Mr.V.Ramesh for Mr.R.Ashwanth For R1 : Mr.V.Srikanth For R2 : Mr.C.P.Hemkumar for M/s.Ganesh and Ganesh For R3 : Mr.T.Arunkumar Additional Government Pleader

O R D E R

Challenging the judgment and decree, dated 28.02.2025, in C.M.A.No.3 of 2024 on the file of the Subordinate Court, Alandur, confirming the order passed by the Additional District Munsif Court, Alandur, dismissing the application under Section 9 of the Madras City Tenants' Protection Act, 1921, in I.A.No.1464 of 2009 in O.S.No.170 of

2005, dated 08.02.2024, the present revision has been filed.

2.For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3.The following facts are necessary for the disposal of the present revision :

The plaintiffs have filed the suit in O.S.No.170 of 2005 for ejectment of the defendants 1 to 3 from the suit property measuring an extent of 1.3 Acres and also for permanent injunction. The case of the plaintiffs is that originally, one D.Ramanujam, the sole Proprietor of the 1^st defendant Cinema Talkies, was inducted as a lessee in the suit property by one Damodaran Pillai, and a lease deed was executed on 01.09.1967. The lease was for a period of 10 years. He also undertook to give the vacant possession of the property by the end of the lease period, i.e., on 31.08.1977. Thereafter, the Cinema Theatre was constructed pursuant to the lease deed, dated 01.09.1967, in about 1.3 Acres. However, after expiry of the lease period, the lessee has failed to handover vacant possession and continued to run the Cinema Theatre without paying any rent. He also took advantage of the family dispute between Damodaran Pillai and the 1^st plaintiff in respect of the suit property and continued to run the 1^st defendant Cinema Theatre illegally until his death. Thereafter, the Theatre has been run illegally by the defendants 2 and 3. After the preliminary decree passed in a partition suit between the 1^st plaintiff and Damodaran Pillai in O.S.No.192 of 1974, allotting ½ share of the suit property to 1^st plaintiff, on 27.02.1976, Ramanujam, the original lessee, approached the 1^st plaintiff for lease in respect of the ½ share in the property for a period of 5 years on a monthly rent of Rs.750/-. Accordingly, a lease deed was also executed by the 1^st plaintiff on 29.09.1980. Thereafter, the original lease expired by efflux of time. The lease was also terminated in September, 1977. Thereafter, no rent has been paid. Hence, the suit has been filed for ejectment and also for permanent injunction.

4.In the said suit, the defendants/revision petitioners filed the present application in I.A.No.1464 of 2009 under Section 9 of the Madras City Tenants' Protection Act, 1921, for purchase of the suit property, inter alia contending that, by virtue of the lease deed dated 01.09.1967, Ramanjuam constructed a Cinema Theatre and also obtained licence; thereafter, they continued to be in possession of the property based on the earlier lease; thereafter, the 1^st plaintiff has executed a lease deed on 29.09.1980 for a period of 5 years commencing from 01.04.1980 and it was extended till 31.03.2000. Since the revision petitioners are the legal heirs of Ramanujam and they continued to run the Cinema Theatre, they claimed the benefit under Section 9 of the Madras City Tenan