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Judgment Search Results Home > Cases Phrase: the madras city tenants protection act 1921 Page 1 of about 650 results (0.201 seconds)

Nov 07 1962 (HC)

Sree Siddhi Budhi Vinayakagar Sree Sundareswarar Devastanam Represente ...

Court : Chennai

Reported in : AIR1963Mad369

ramachandra iyer, c. j. 1. two questions fall to be decided in this appeal, onewith respect to the applicability of section 9 of the madras city tenants protection act, 1921, to a property owned by a hindu religious institution over which the trustee or the manager has only a qualified power of disposal, and the second as to the true ..... the lease as well as the putting up of the superstructure on the land were prior to the year 1921 and that he was entitled to the benefits of the madras city tenants protection act of 1922. 3. but this question has become academic as by reason of the amendment introduced into the madras city tenants' protection act by madras act 19 of 1955 which came into force on 10th september 1955, a ..... claimed in that suit that the lease as well as the construction of the superstructure on the property, were prior to the year 1921, and that he being entitled to the benefits of the madras city tenants protection act, the order for eviction passed by the court of small causes contrary thereto was invalid. he also applied for an interim injunction during the pendency of the .....

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Oct 28 2005 (SC)

Mylapore Club Vs. State of Tamil Nadu and anr.

Court : Supreme Court of India

Reported in : AIR2006SC523; 2005(5)CTC494; JT2005(9)SC443; (2006)1MLJ27(SC); 2005(9)SCALE150; (2005)12SCC752

..... for abating of certain pending proceedings affecting the rights and privileges which may have accrued to the tenant immediately before the commencement of act 13 of 1960. 3. the amendment introduced by madras act 13 of 1960 taking away the protection of the madras city tenants' protection act, 1921 (hereinafter referred to as the 'parent act') as amended, was the subject of a challenge in this court in s.m. transports (p ..... provides for abatement of pending proceedings and saving of completed transactions as against lands belonging to the corporation of madras, municipalities and certain other entities under act 13 of 1960. 2. the madras city tenants protection act, 1921 was enacted with the avowed object of giving protection against eviction to tenants who in municipal towns, townships and adjoining areas in the state of tamil nadu have constructed buildings on other ..... .2003 upholding the validity of sections 2 and 3 of the madras city tenants' protection (amendment) act, 1994 (act 2 of 1996) published in the official gazette on 11.1.1996. by virtue of section 2, section 1 of the madras city tenants' protection act, 1921 was amended and in the sub-section providing for exemptions from the operation of the act, clause (f) was added and in that process exempting tenancies of .....

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Mar 06 1998 (SC)

Palani Ammal Vs. Viswanatha Chettiar (Dead) and Others

Court : Supreme Court of India

Reported in : AIR1998SC1309; JT1998(2)SC457; 1998(2)SCALE300; (1998)3SCC654; [1998]2SCR212

..... no title to the suit land. along with the additional written statement dated 03rd december 1983 the defendant also filed an application under section 9 of the madras city tenants' protection act, 1921, hereinafter referred to as the 'protection act' for the sake of brevity. invoking the said provision it was contended by the defendant that she was entitled to purchase the suit land over which her ..... the attur municipal commissioner 3 months notice for eviction and without offering compensation for the superstructure on the suit land as per the provisions of section 11 of the madras city tenants protection act, the sale of the suit land and their suit are against the mandatory provisions of law and are unsustainable in law.8. as per the provisions of the ..... to compensation under section 3 and against whom a suit in ejectment has been instituted or proceeding under section 41 of the presidency small cause courts act, 1882, taken by the landlord, may, within one month of the date of the publication of madras city tenants' protection (amendment) act, 1979 in the tamil nadu government gazette or of the date with effect from which this ..... act is extended to the municipal town, township or village in which the land is situate, or within one month after the service on him of summons, .....

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Oct 07 1983 (SC)

New theatres (Carnatic Talkies) Ltd., Coimbatore Vs. N. Vajrapani Naid ...

Court : Supreme Court of India

Reported in : AIR1984SC1; 1983(2)SCALE1046; 1984Supp(1)SCC319; [1984]1SCR329; 1984(16)LC106(SC)

..... suit for possession with mesne profits and dismissed the appellant's suit. the appellant appealed to the high court against the two decrees. during the pendency of the appeals the madras city tenants' protection act, 1921 was extended to the town of coimbatore with effect from february 19, 1958. the appellant filed civil miscellaneous petition no. 1835 of 1958 in the appeal arising out of ..... r.s. pathak, j.1. this appeal by special leave is directed against an order dated march 30, 1971 of the madras high court dismissing a revision petition arising out of proceedings under the madras city tenants protection act, 1921.2. almost fifty years ago, on september 19, 1934, the respondent and his mother granted a lease in favour of one abhirama chettiar in respect of ..... on the consideration whether the amendment of section 9 was intended to operate retrospectively or must be construed as prospective only. let us begin from the beginning. when the madras city tenants' protection act was extended to the town of coimbatore in 1958, the respondent's suit for ejectment had already been filed and in fact was pending in appeal. it was never ..... been confirmed by the supreme court, in appeal.4. two contentions have been raised by the appellant in this appeal. the first is that the amended section 9 of the madras city tenants' protection act cannot be invoked in the present case, and that section 9, as it stood before the amendment, is the provision which governs the rights of the parties. the other .....

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Dec 01 1964 (HC)

K.S. Subramania Iyer Vs. Mylapore Hindu Permanent Fund Ltd.

Court : Chennai

Reported in : AIR1965Mad484; (1965)2MLJ140

..... j. in a. s. 208 of 1960, and involves a point of some interest and importance regarding the scheme, and the application of certain provisions of the madras city tenants protection act, 1921, as amended by madras act xix of 1955, to the established facts. it is true that the point centrally in issue is virtually concluded by the judgment of their lordships of the supreme court ..... . still as it has been contended before us that the elucidation in that judgment of s. 12 of the madras city tenants protection act, 1921 (hereafter termed the "act") may nevertheless not affect the particular contention of the landlord or lessor (the mylapore hindu permanent fund ltd. madras) on the facts, the matter deserves careful scrutiny.(2) the background of the established facts may be set forth ..... the document is amply supported by the evidence on record averted to in the judgement of the trial court and that of ramakrishnan j. the tenant (defendant) would certainly be entitled to the benefits of the city tenants protection act unless the view of the learned judge is to be upheld that he was not so entitled because stipulation no. 4 of the lease ..... concerning the superstructure to be subsequently erected, fell within the proviso to s. 12 of the act. it is in this context that we have to scrutinise .....

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Oct 09 2012 (SC)

Tamil Nadu Wakf Board. Vs. Syed Abdul Quader and ors.

Court : Supreme Court of India

..... the property.4. the legal representatives of the original defendant set up the defence that they were governed by madras city tenants' protection act, 1921 (for short, '1921 act') as amended from time to time and in the absence of any notice under section 11 of the 1921 act, the suit was not maintainable. it was their case that the superstructure did not belong to the wakf and ..... legal representatives of the original defendant had ceased to be enforceable and their application under section 9 of the 1921 act had abated.9. the review petition was dismissed by the high court on ..... original defendant under section 9 of the 1921 act.8. the plaintiffs filed a review petition seeking review of the judgment dated september 23, 1998. in the review petition, it was brought to the notice of the high court that by virtue of section 3 of the madras city tenants' protection (amendment) act, 1994 (for short, '1994 amendment act'), the rights and privileges of the ..... under section 3 and against whom a suit in ejectment has been instituted or proceeding under section 41 of the presidency small cause courts act, 1882, taken by the landlord may, within one month of the date of the publication of madras city tenants protection amendment act, 1979 in the tamil nadu government gazette or of the date with effect from which this .....

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Dec 18 1964 (SC)

V.K.A. Ranganatha Konar Vs. the Tiruchirappalli Municipal Council, by ...

Court : Supreme Court of India

Reported in : AIR1966SC65; [1965]2SCR645

..... gajendragadkar, c.j. 1. the short question which this appeal raises before us relates to the construction of section 4(1) read with section 4(4) of the madras city tenants' protection act, 1921 (madras act iii of 1922) (hereinafter called 'the act'). this question arises in this way. on september 1, 1944, respondent no. 1, tiruchirappalli municipal council, leased t.s. no. 3283/1-a/2 to the appellant ..... already been passed, but have not been fully executed. section 10 clearly brings out the fact that the policy of the legislature was to extend ample protection to the tenants in the areas to which the act would be extended from time to time. 11. reverting then to the question of construing section 4(1) and (4), it would appear that what section ..... this question, it is necessary to bear in mind the object which the act is intended to achieve. as the preamble indicates, the act was passed to give protection to certain classes of tenants in areas to which it was extended. the legislature thought that it was necessary to give protection to tenants who had constructed buildings on others' lands in the hope that they would ..... whole of the state of madras; it has been extended stage by stage to different areas. in fact, we have already seen that the act extended to the municipal area of tiruchirappalli while the present suit between the parties was pending in the trial court. 10. in order to carry out its objects of affording protection to the tenants, section 3 has provided for .....

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Apr 24 1985 (SC)

H.A.R.S. Ramaswamy Chettiar, a Registered Firm Vs. K.S. Krishnaswamy a ...

Court : Supreme Court of India

Reported in : 1985(1)SCALE1000; 1985Supp(1)SCC68; 1986(1)LC73(SC)

..... -3 and plaintiffs have been carrying on their business in the mills set up by them. in june 1975 the state government extended the provisions of the madras city tenants protection act, 1921 (tamil nadu act 3 of 1922) to the city limits of erode. the defendants 1-3 started interfering with the possession of the plaintiffs and negotiated with defendant 4 for alienating the property. that led ..... was also placed on the description in the schedule of an existing compound wall allround. under the tamil nadu act referred to above, protection has been extended to tenants who have raised their own constructions on leased property and under section 3 a tenant becomes entitled to be paid as compensation the value of any building may have been erected by him on ejectment ..... . the defendants took the plea that the lease was of the building and no improvements had been made by the plaintiffs and, therefore, they were not entitled to the benefit conferred by the act. when the plaintiffs ..... equitable disposal. after suggestions were indicated in court by each of the counsel, they left it to us to touch up the terms suggested by them with a view to protecting the interests of each of the parties and keeping the equities in view.6. the property stands on the immediate north of the sathy road. abutting this road there is .....

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Dec 20 2011 (HC)

Sambandam and ors. Vs. Nataraja Chettiar and ors.

Court : Chennai

..... not issued ex.a.3 notice dated 23/7/1976 before filing of the suit as per section 11 of the city tenants' protection act to the first defendant (deceased). as stated already, the ingredients of section 11 of the madras city tenants' protection act, 1921 are mandatory in character. in the absence of a prior notice before filing of the suit as per section 11 of ..... s.no.14 of 1993 filed by the first respondent/appellant/plaintiff has inter alia observed that the defendants are not entitled to claim the benefits of the madras city tenants' protection act, 1921 (amended by the act 3 of 1992) and further observed that the first respondent/appellant/plaintiff is entitled to recover possession of the suit property from the defendants and resultantly, ..... notice dated 19/8/1976, in para 5 it is clearly mentioned hereunder:- my client is entitled to the benefit of madras city tenants' protection act 1921. he is a tenant within the meaning of section 4 of the said act. the said act was extended to sirkali town by g.o.mis. 47 revenue dated 8th january 1973 for residential purposes and by g.o ..... that as per g.o.ms.no.49 revenue dated 8/1/1973, the provisions of the madras city tenants' protection act, 1921 has been extended to certain municipal towns and villages in the state viz., mannargudi, pattukottai, tiruvarur and sirkali. 41. further, the extension of chennai city tenants' protection act, 1921 to non-residential buildings in all municipal towns in the state of tamil nadu is extracted thus:- .....

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Sep 26 1962 (SC)

Swami Motor Transport (P) Ltd. and anr. Vs. Sri Sankaraswamigal Mutt a ...

Court : Supreme Court of India

Reported in : AIR1963SC864; [1963]Supp1SCR282

..... residential buildings. the following is the statement of objects and reasons attached to act xiii of 1960 : 'the madras city tenants' protection act, 1921, was enacted with the main object of safeguarding the tenants from eviction from residential quarters. in consistence with this object it is proposed to restrict the application of the madras city tenants' protection act, 1921 (madras act iii of 1922) to residential buildings only.' 18. it will be noticed from the above ..... that the main object of the act is to safeguard the tenants of residential buildings from eviction but it is not the sole object of that legislation. the objects ..... decree-holder filed an execution petition in the said court against the first appellant for executing the decree. pending the execution petition, madras act xix of 1955 was passed empowering the state government to extent the madras city tenants' protection act, 1921 (iii of 1922), hereinafter called the 'principal act', to any municipal town by notification in the fort st. george gazette. in exercise of the powers conferred by .....

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