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MADRAS HIGH COURT
, CJ
Rajendar S. R. v. M. S. Govindier
| Table of Content |
|---|
| 1. jurisdiction of civil courts in fixing reasonable rent. (Para 1 , 2) |
| 2. history and purpose of the madras city tenants protection act. (Para 3 , 4) |
| 3. clarifying the nature of orders under the act as decrees. (Para 5 , 6 , 10) |
| 4. right of appeal predicated on judicial authority. (Para 8 , 12) |
| 5. orders fixing rent are subject to appeals akin to decrees. (Para 11 , 20) |
1. This civil revision petition has been posted before us under the directions of the Hon'ble Chief Justice, as the determination of the question arising therein, namely, whether an appeal lies from an order passed by a civil court fixing a reasonable rent under the provisions of S.7A of the Madras City Tenants Protection Act, involves a consideration as to the correctness of the decision reported in Perumal Chettiar v. Kondal Chetty , ILR 1939 Mad. 213 : (AIR 1939 Mad. 430).
2. The respondents, the owners of a piece of vacant land measuring 250 ft. by 105 ft. in Madurai Town, granted a lease of it in the year 1942 to the petitioners at an yearly rent of Rs.100. By a subsequent agreement between the parties the rent was increased to Rs.900 per annum. The Madras City Tenants Protection Act, 1922 (as amende
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