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M. C. Chockalingam & Ors vs V. Manickavasagam & Ors on 31 October, 1973

11. The learned Counsel for the petitioners by placing strong reliance on the ruling in M.C. Chockalingam and others v. K Manickavasagam and others, 1974 SCR 143, contended that as per the said decision the possession of a tenant who continues in possession after expiry of the lease is 'unlawful' and hence it should be held that the unofficial respondents possession after expiry of lease is unlawful and hence they are land grabbers within the meaning of the Act. We are unable to agree. In the case (supra), the Supreme Court while considering the provisions of Madras Cinemas (Regulation) Act, 1957 and the Rules made therein, was interpreting the phrase 'lawful possession' In Rule 13 of the Rules. In that context, it was held that possession of a tenant after expiry of lease cannot be 'lawful possession' enabling him to claim renewal of the Cinema licence. The learned Judges of the Special Court have considered in detail the said decision and held that the said decision has no application to the facts of this case. We are in entire agreement with the said reasoning and we are not able to come to a different conclusion.
Supreme Court of India Cites 15 - Cited by 176 - P K Goswami - Full Document
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