THE MUSIC ACADEMY, REPRESENTED BY ITS PRESENT TRUSTEE AND CONVENOR TRUST BOARD, S. RAMASWAMI Vs. K. RAMAN NAIR

JUDGEMENT

(1.) In this civil revision petition at the instance of the plaintiff in O.S. No. 1886 of 1958, Third Assistant Judge, City Civil Court, Madras, the question that arises for consideration is whether the Court has powers to extend the time for payment provided under Section 9(2) (4) of the Tamil Nadu City Tenants' Protection Act beyond three years from the date of the order.

(2.) The petitioner instituted a suit in ejectment and also for the recovery of a sum of Rs. 112.50 towards damages for use and occupation and also for future damages for use and occupation at Rs. 25 P.M. till the date of possession. The respondent filed an application in I.A. No. 5 of 1958 in O.S. No. 1886 of 1958 claiming benefits under Section 9 of the Tamil Nadu City Tenants' Protection Act. On 31st October, 1960, the learned Third Assistant Judge, City Civil Court, Madras held that the respondent is a tenant in respect of '16' north to south and 15 1/2 east to west space in his occupation. In regard to the portion under the occupation of the respondent as a tenant, it was held that the respondent will be entitled to an order under Section 9 of the Tamil Nadu City Tenants' Protection Act and that his petition in I.A. No. 5 of 1958 will be dealt with separately. In the result, the suit was dismissed in so far as the demised portion of 16 feet north to south and 15 1/2 feet east to west was concerned and decreed for the recovery of possession in respect of the other area in the occupation of the respondent with mesne profits at the rate of Rs. 10 per month from the date of plaint till the date of delivery. The petitioner herein was also held entitled to recover Rs. 67.50 and the respondent was granted two months time to vacate the encroached portion. The petitioner as well as the respondent preferred appeals against the decree in the suit in A.S. Nos. 18 of 1961 and 36 of 1961, Additional Judge, City Civil Court, Madras. On appeal, the judgment and decree of the learned III Assistant Judge, City Civil Court, Madras were confirmed and the appeals were dismissed. Second Appeal Nos. 746 of 1962 and 892 of 1962 were preferred by the petitioner and the respondent respectively to this Court and both the appeals were disposed of on 6th December, 1965 affirming the judgments of the Courts below.

(3.) Meanwhile, on 31st July, 1961 in I.A. No. 5 of 1958 filed by the respondent herein claiming the benefits of Section 9 of the Act, an order was passed fixing the valuation of the site on the basis of the report of the Commissioner at Rs. 413.33. This amount was directed to be paid by the respondent in 20 equal instalments, the first of such instalments to be paid on or before 10th September, 1961 and the subsequent instalments on or before that date in the recurring months with the usual default clause. The decree drafted pursuant to this order stated thus: