Search Results Page
Search Results
1 - 5 of 5 (0.40 seconds)The Chennai City Tenants Protection Act, 1921
The Amending Act, 1897
N. Vajrapani Naidu And Another vs The New Theatre Carnatic Talkies ... on 4 March, 1964
"Therefore, in our opinion, the decision in
Vajranani's case (supra) has been
misunderstood. by the learned Judges of the
Letters Patent Bench and the said decision is
no authority for the proposition that the
stipulation contained in the lease deed before
us cannot come within the proviso to section
The Mylapore Hindu Permanent Fund Ltd., ... vs K.S. Subramaniya Iyer on 30 January, 1963
Mylapore Hindu Permanent Fund case(1) was sought to be
distinguished by the learned counsel for the respondent on
the ground that in the present case the defendant was
entitled to put up the building beyond the value of Rs.
50,0001-. But clause 2 (c) of the lease deed, set out
above, clearly shows that the plaintiffs required "a theatre
with all proper offices and out buildings such as bazars,
restaurants, motor and dunamo sheds etc., and fences,
drains, sewers to be used for production and exhibition of
films and for staging drama therein" to be erected. The
plaintiffs wanted to ensure that the cost of the building
would not be less than Rs. 50,0001- in order that the
building would be of a proper quality of construction.
There is no evidence as to what other buildings the
defendant had put up. On these facts we cannot say that
these were not stipulations as to the erection of buildings
within the meaning of the proviso to S. 12.
It must be remembered that the Madras City Tenants'
Protection Act, 1921, was passed in 1922 to give protection
to certain classes of tenants who had constructed buildings
on others' lands in the hope that they would not be evicted
so long as they paid a fair rent for the land. It was not
the object of the Act to cover a hope if the 'hope' was
entertained contrary to express stipulations as to erection
of buildings. Accordingly proviso to S. 12 exempted any
stipulations made by the tenant in writing registered as to
the erection of buildings, in so far' as they related to
buildings erected after the date of the contract.
The plaintiffs-appellants applied for amendment of their
plaint dated April 15, 1964, by adding the following words
in the Prayer Clauses
"(a) after the words : as from 1-3-1964
(1) A.I.R. 1970 S.C. 1683.
1