- (1.) C.R. Govindaswamy Chettiar (deceased), predecessor-in-interest of respondents 4 to 6 and C.R. Hariharaputhiran, instituted a suit before the City Civil Court at Madras seeking ejectment of the appellant from the suit scheduled property. The appellant, in the written statement filed before the trial Court, took the following objections with regard to the maintainability of the suit; 1. The suit property being a building simpliciter and not a composite lease, appellant-defendant as a tenant of the suit property was entitled to the protection under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1961 (the Act). 2. That the appellant-defendant was an assignee from the third respondent herein of the right to an extent of 1/3rd share in the income derived from the lease under the registered deed of assignment Exhibit B-42 dated November 21, 1983.
(2.) The trial Court decreed the suit and directed the ejectment of the appellant. Appeal filed against the judgment of the trial Court was dismissed by a Division Bench of the High Court by the judgment dated January 21, 1995. This appeal by the tenant is against the judgment of the Division Bench of the High Court.
(3.) Mr. D.D. Thakur learned counsel for the appellant has raised the same two contentions which were raised before the trial Court and, before the High Court.;