Section 9 in The Chennai City Tenants Protection Act, 1921
9. Application to Court for directing the landlord to sell land.
(1)[(a)] [Sub-section (1) of section 9 was relettered as clause (a) of that subsection by section 6(i) of the Madras City Tenants' Protection (Amendment) Act, 1960 (Tamil Nadu Act 13 of1960); and clause (a) as so relettered was renumbered as item (i) of that clause by section 3(i) of the Madras City Tenants' Protection (Amendment) Act, 1973 (Tamil Nadu Act 24 of 1973).](i) Any tenant who is entitled to compensation under section 3 and against whom a suit in ejectment has been instituted or proceeding under section 41 of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882), taken by the landlord may, [within one month of the date of the publication of the [Chennai] [These words were substituted by section 5 of the Madras City Tenants' Protection (Amendment) Act, 1979 (Tamil Nadu Act 2 of 1980), with effect from the 27th February 1980.] City Tenants' Protection (Amendment) Act, 1979 (Tamil Nadu Act 2 of 1980) in the Tamil Nadu Government Gazette or of the date with effect from which this Act, is extended to the municipal town, township or village in which the land is situate,] or within [one month] [These words were substituted for the words 'fifteen days' by section 6 Of the Madras City Tenan ts Protection (Amendment) Act, 1926 (Tamil Nadu Act VI of 1926).] after the service on him of summons, apply to the Court for an order that the landlord shall be directed [to sell for a price to be fixed by the Court, the whole or part of, the extent of land specified in the application.] [These words were substituted for the words 'to sell the land for a price to be fixed by the Court' by section 6(i)(a) of the Madras City Tenants' Protection (Amendment) Act, 1960 (Tamil Nadu Act 13 of 1960).][***] [[The following sentence was omitted by section 6(i)(b), the Madras City Tenants' Protection (Amendment) Act, 1960 (Tamil Nadu Act 13 of 1960):-'The Court shall fix the price according to the lowest market value prevalent within seven years preceding the date of the order and shall order that, within a period to be determined by the Court, not being less than three months and not more than three years from the date of the order, the tenant shall pay into Court or otherwise as directed the price so fixed in one or more Instalments with or without interest'.]](b)[ On such application, the Court shall first decide the minimum extent of die land which may be necessary for the convenient enjoyment by the tenant. The Court shall, then, fix the price of the minimum extent of the land decided as aforesaid, or of the extent of the land specified in the application under clause (a), whichever is less. The price aforesaid shall be the average market value of the three years immediately preceding the date of the order. The Court shall order that within a period to be determined by the Court, not being less than three months and not more than three years from the date of the order, the tenant shall pay into Court or otherwise as directed the price so fixed in one or more instalments with or without interest.] [This clause was inserted by section 6(ii) of the Madras City Tenants Protection (Amendment) Act, 1960 (Tamil Nadu Act 13 of 1960).](2)In default of payment by the tenant of any one instalment, the application [under clause (a) of sub-section (1)] [These words, brackets, letter and figure were substituted for the words, brackets and figure 'under sub-section (1)' by section 6(iii), the Madras City Tenants' Protection (Amendment) Act, 1960 (Tamil Nadu Act 13 of 1960).] shall stand dismissed, provided that on sufficient cause being shown, the Court may excuse the delay and pass such orders as it may think fit, but not so as to extend the time for payment beyond the three years above-mentioned. On the application being dismissed, the Court shall order the amount of the instalment or instalments, if any, paid by the tenant to be repaid to him without any interest.(3)[ (a) On payment of the price fixed under clause (b) of sub-section (1), the Court shall pass an order directing the conveyance by the landlord to the tenant of the extent of land for which the said price was fixed, The Court shall by the same order direct the tenant to put the landlord into possession of the remaining extent of the land, if any. The stamp duty and registration fee in respect of such conveyance shall be borne by the tenant.(b)On the order referred to in clause (a) being made, the suit or proceeding shall stand dismissed, and any decree or order in ejectment that may have been passed therein but which has not been executed shall be vacated.Explanation. - 'Land' means the interest of the landlord in the land and all other interests which he can convey under any power and includes also the full interest which a trustee can convey under the power possessed by him to convey trust property when necessity exists for the same or the alienation of the property is for the benefit of the estate or trust.] [This sub-section and Explanation were substituted for sub-section (3) and the Explanation thereunder by section 6(iv) of the Madras City Tenants' Protection (Amendment) Act, 1960 (Tamil Nadu Act 13 of 1960).][(3-A) Notwithstanding anything contained in clause (b) of sub-section (3) of this section or in section 5 of the [Chennai] [This sub-section was added by section 3(ii) of the Chennai City Tenants' Protection (Amendment) Act, 1973 (Tamil Nadu Act 24 of 1973).] City Tenants' Protection (Amendment) Act, 1972 (Tamil Nadu Act 4 of 1972), or any other law for the time being in force, the Court which passed the decree or order referred to in sub-clause (ii) (b)(2) of clause (4) of section 2, shall, on application made by the tenant referred to in that sub-clause within a period of two months from the date of the publication of the [Chennai] [Substituted for the words 'Madras' by Tamil Nadu Act 28 of 1996.] City Tenants' Protection (Amendment) Act, 1972, (Tamil Nadu Act 4 of 1972) reopen or review the proceedings relating to such decree or order and may pass a decree or an order that the tenant referred to in the said sub-clause, is entitled to the rights under this Act and pass such other supplemental, incidental or consequential orders as are necessary for the purpose as if the [Chennai] [Substituted for the words 'Madras' by Tamil Nadu Act 28 of 1996.] City Tenants' Protection (Amendment) Act, 1973 (Tamil Nadu Act 4 of 1972), were in force at the time at which the decree or order was passed.]
