M.P.S. Palauiappa Chettiar And Ors. vs V.E. St. Vairavan Chettiar on 20 July, 1962
1. The tenant is the petitioner in this Civil Revision Petition. He took on lease a piece of Vacant land under a Chit dated 26th September, 1957, for a period of three years, for the purpose of putting up a homestead from the respondent herein. The petitioner agreed to have the superstructure removed at the time of the termination of the lease and to pay a rent Rs. 9 per month and, in case he committed default, to pay rent at the rate of Rs. 10 per month. The tenant having committed default in payment of the rent accrued due from 26th March, 1964, the respondent laid a suit in ejectment in O.S. No. 277 of 1964 on the file of the Court of the District Munsif, Dharmapuri. The petitioner herein raised various contentions one among which was that the civil Court had no jurisdiction and that, once a vacant parcel of land is taken on lease for the specified purpose of putting up a building and a building has been put up, the land becomes an integral part of the building and the tenant cannot be evicted otherwise than under the provisions of the Madras Buildings (Lease and Rent Control) Act. This contention was based upon two decisions of this Court, Palaniappa Chettiar v. Vairavan Chettiar (1962) 75 L.W. 21 and Palaniappa Chettiar v. Sheik Mydeen Sahib (1964) 77 L.W. 551. The trial Court decreed the suit. On appeal, the appellate Court accepted the contention of the petitioner and dismissed the suit, and that decision of the appellate Court has become final.