HARIDAS GIRDHARDAS & ORS. versus VARADARAJA PILLAI & ANR.

HARIDAS GIRDHARDAS & ORS. versus VARADARAJA PILLAI & ANR.

Clauses 2 and 4 of the lease deed amounted to stipulations as to the erection of buildings, thus attracting the proviso to section 12 of the Madras City Tenants' Protection Act, 1921. Therefore, the plaintiffs are entitled to enforce clause 4(d) of the deed and require the defendant to deliver possession and accept the stipulated price for the buildings.

Parties
Appellants/plaintiffs: Haridas Girdhardas & Ors.; Respondent No. 1/defendant No. 1: Varadaraja Pillai; Respondent No. 2/defendant No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
18 August 1971
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Madras High Court Dated June 17, 1970 in O.s. Appeal No. 35 of 1967
Outcome
Appeal allowed
Legal Topics
Leases, Madras City Tenants' Protection Act, Protection of Tenants, Enforceability of Lease Clauses, Option to Purchase
Property Law Tenancy Law Leases Madras City Tenants' Protection Act Protection of Tenants Enforceability of Lease Clauses Option to Purchase

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Parties

Haridas Girdhardas & Ors.

Appellants/plaintiffs

Varadaraja Pillai

Respondent No. 1/defendant No. 1

Respondent No. 2

Respondent No. 2/defendant No. 2

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Madras High Court Dated June 17, 1970 in O.s. Appeal No. 35 of 1967

Legal Issues

  1. 1 Whether clause 4(d) of the lease deed can be enforced by the plaintiffs in view of Madras City Tenants' Protection Act, 1921 as amended in 1955

Ratio Decidendi

Clauses 2 and 4 of the lease deed amounted to stipulations as to the erection of buildings, thus attracting the proviso to section 12 of the Madras City Tenants' Protection Act, 1921. Therefore, the plaintiffs are entitled to enforce clause 4(d) of the deed and require the defendant to deliver possession and accept the stipulated price for the buildings.

Court Disposition

Appeal allowed

Orders

  • Judgments of Single Judge and Division Bench set aside
  • Suit decreed in terms of amended prayers (a) and (b)