N.V. PANCHAPAKESAN Vs. K. SWAMINATHAN

JUDGEMENT

(1.) AS against the judgment and decree of the City Civil Court in A.S. No. 230 of 1972 the present revision petition has been filed by the landlord. The suit property said to be measuring about 48' Ã - 7' on the road side and about 49' in depth situate in No. 12, Doraiswami Road, T. Nagar, was leased out by the petitioner to the respondent as a vacant site. In the course of occupation the respondent who took the premises for conducting firewood business put up sheds thereon. In 1962 the petitioner filed a suit for eviction and the respondent in turn filed an application under Section 9 of the Tamil Nadu City Tenants Protection Act, claiming benefits thereunder : There was a controversy as to whether the tenant was entitled to such benefits. Finally in C.R.P. No. 1887 of 1965 disposed of by this Court on 11th February, 1971 the right of the tenant to secure the benefits under the Tamil Nadu City Tenants Protection Act, were affirmed. Thereafter, I.A. No. 12272 of 1971 was filed for the fixation of the extent of the convenient land to which the tenant would be entitled to as one who is entitled to the benefits under the above Act and for the fixation of the price of such land to be taken over by the tenant. The first Court fixed that the price of the land, whatever extent has to be given over by the landlord to the tenant or taken over by the tenant from the landlord under the Act, has to be fixed as on 24th March, 1965 which was the date on which the rights of the respondent under the Tamil Nadu City Tenants Protection Act, was first recognised by the civil Court. In accordance with the hypothesis so fixed the trial Court fixed the value of the property at Rs. 10,000 per ground, though the claim of the landlord was at Rs. 18,000 per ground with reference to the date as above and held that the tenant would be entitled to an extent of 2381 sq. feet out of the totality of the land demised to him as such an extent would be absolutely necessary for the convenient enjoyment of the tenement and the land demised earlier by the landlord to the tenant The appellate Court confirmed the order of the trial Court in all respects. It is as against this the present revision petition has been filed.

(2.) THE revision is under Section 115 of the Civil Procedure Code, obviously on the foot that the appellate Court is a Court subordinate to this Court and its orders are revisable by this Court under Section 115 of the Civil Procedure Code. Bearing in mind the limits under which this Court could interfere with the orders or judgments of the Courts below under Section 115, Civil Procedure Code, the matter was heard.

(3.) MR . Sundaram Iyer, contending contra would say that the price which has to be fixed by the Court for the minimum extent of land which has to be statutorily allotted to the tenant under the provisions of the Act should have a relation, to the judgment and decree of the Court in and by which the tenants' right to secure such land has been affirmed and if any other date were to be taken into consideration then the process of assessment would become ambulatory in character. As regards the second contention Learned Counsel would rely upon the report of the Commissioner who on an inspection of the site came to the conclusion that an extent of 2,381 square feet out of the total demised land would be necessary for the convenient enjoyment of the tenement by the tenant.