V. SANJEEVARAYA MUDALIAR versus N. A. RAGHAVACHARY

V. SANJEEVARAYA MUDALIAR versus N. A. RAGHAVACHARY

Where a registered lease contains an express stipulation against the erection of permanent structures, the tenant who erects such structures in violation cannot claim compensation or protection under ss. 3 and 9 of the Madras City Tenant's Protection Act, 1921; such stipulations control and override the statutory rights under the Act.

Parties
Appellant: V. Sanjeevaraya Mudaliar; Respondent: N.A. Raghavachary
Jurisdiction
India
Judgment Date
19 September 1968
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Madras High Court
Outcome
Appeal dismissed
Legal Topics
Tenancy Protection, Landlord Tenant Relations, Compensation for Structures, Enforcement of Stipulations in Leases
Property Law Tenancy Protection Landlord Tenant Relations Compensation for Structures Enforcement of Stipulations in Leases

Case Brief

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Parties

V. Sanjeevaraya Mudaliar

Appellant

N.A. Raghavachary

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Madras High Court

Legal Issues

  1. 1 Is the tenant of a vacant site in the backyard of a residential house a tenant of land under s. 2(2) of the Madras City Tenant's Protection Act, 1921?
  2. 2 Is such a tenant entitled to protection of ss. 3 and 9 of the Act when he erects buildings in contravention of an express stipulation in a registered lease?

Ratio Decidendi

Where a registered lease contains an express stipulation against the erection of permanent structures, the tenant who erects such structures in violation cannot claim compensation or protection under ss. 3 and 9 of the Madras City Tenant's Protection Act, 1921; such stipulations control and override the statutory rights under the Act.

Court Disposition

Appeal dismissed

Orders

  • Appellant's appeal dismissed with costs