P. ANANTHAKRISHNAN NAIR & ANR. versus DR. G. RAMAKRISHNAN & ANR.

P. ANANTHAKRISHNAN NAIR & ANR. versus DR. G. RAMAKRISHNAN & ANR.

Tenants who are not in actual occupation of the property and have let out the entire building to sub-tenants, with no requirement for the demised land for their own business or convenient enjoyment, are not entitled to claim the statutory benefit of Section 9 and cannot be directed to purchase the land under the Act; the statutory privilege is equitable and contingent upon the tenant's occupation and need.

Parties
Appellant: P. Ananthakrishnan Nair; Appellant: K.K. Kunhammoo; Respondent: Dr. G. Ramakrishnan; Respondent: Unnamed respondent (co-landlord)
Jurisdiction
India
Judgment Date
31 March 1987
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals dismissed
Legal Topics
Tenancy, Statutory Rights, Landlord Tenant Relations, Urban Tenancy, Right to Purchase Demised Land Under Statutory Protection
Property Law Tenancy Statutory Rights Landlord Tenant Relations Urban Tenancy Right to Purchase Demised Land Under Statutory Protection

Case Brief

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Parties

P. Ananthakrishnan Nair

Appellant

K.K. Kunhammoo

Appellant

Dr. G. Ramakrishnan

Respondent

Unnamed respondent (co-landlord)

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether tenants not in occupation of the property are entitled to the benefit of Section 9 of the Tamil Nadu City Tenants Protection Act, 1921
  2. 2 Nature of tenant’s right to purchase demised land under the Act

Ratio Decidendi

Tenants who are not in actual occupation of the property and have let out the entire building to sub-tenants, with no requirement for the demised land for their own business or convenient enjoyment, are not entitled to claim the statutory benefit of Section 9 and cannot be directed to purchase the land under the Act; the statutory privilege is equitable and contingent upon the tenant's occupation and need.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed; no order as to costs