V.N.KHARE, S.N.PHUKAN
Habibunnisa Begum – Appellant
Versus
G. Doraikannu Chettiar – Respondent
JUDGMENT
V.N. Khare, J. -The appellant before us is the landlord of the premises, which originally had one municipal number but now numbered as Doors Nos. 27/28, Subedar Hussain Street in the city of Chennai. It is not disputed that the landlord leased out the premises by single lease deed along with some structure on Door No. 27. The said tenancy was single indivisible contract of tenancy. Subsequently, the tenant in terms of lease deed raised certain constructions on Door No. 27 and also on Door No. 28. It further appears that subsequently a portion of the land was acquired for construction of road with the result the premises was separated by a road and thus the premises were assigned separate numbers. It further appears from the record that the tenant claiming himself to be the owner of the structure remitted rent to the landlord in respect of the land only, which was refused by the landlord. Subsequently, the landlord filed a suit for ejectment of the tenant on the ground of wilful default of payment of rent as well as on the ground of denial of title. The suit was decreed on both the grounds by the Small Causes Court at Madras. The appeal preferred against the said decree was
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