JANAB E.M. GHULAM DASTAGIR SAHEB Vs. MARUDAI PILLAI AND ANR.

JUDGEMENT

(1.) THE petitioner was one of two defendants in a suit in the District Munsiff's Court, Tanjore, to eject him from possession of certain land. The second defendant in the suit was the Tanjore Municipal Council.

(2.) THE first defendant had been for some years the holder of a lease, from the Council, of the land in question. It was a registered lease and valid in every respect. It came to an end by effluxion of time on 31st March, 1946. He had begun negotiations previously for renewal and by resolution, dated 16th January, 1946, the Council agreed to grant him a new lease for three years from 1st April, 1946 to 31st March, 1949. This resolution was confirmed by a Government memorandum, dated 21st May, 1946. Thereafter this Government order appears to have been cancelled and the Council believing that they had no authority to grant any lease to the petitioner, therefore determined to put up the lease of this land for auction in the ordinary way. On 12th April, 1947, the Council, having no doubt some previous knowledge of the ultimate intentions of the Government, informed the petitioner that he could not continue in possession after 30th June, 1947. At the public auction the plaintiff, respondent here, was successful and on 25th June, 1947, a lease for three years complying with all the formalities and to commence from the 1st July, 1947, was executed.

(3.) THE new lessee on seeking to enter into possession found that the petitioner was there, despite the Council's notice and the fact that the old lease had terminated so far back as March, 1946. An application was therefore made by the new lessee to the Council in which he asked them to remove the petitioner and given him possession. I am told that the Municipality in reply told the new lessee that it was for him, if he liked, to take whatever legal action was necessary to eject the old lessee. He therefore filed the suit in question on 12th August, 1947, against the first defendant, the old lessee, and also against the Municipal Council who, I understand, have taken no helpful part whatever in the proceedings.