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[Cites 0, Cited by 22] [Section 9] [Entire Act]

State of Tamilnadu - Subsection

Section 9(1) in The Chennai City Tenants Protection Act, 1921

(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).]