Person seeking protection under Section 9 should satisfy conditions viz., (a) He should be tenant in possession of land, (b) ch tenant should have erected superstructure on land in respect of which tenant would be entitled to claim compensation under Section 3, (c) Landlord should have taken suit or oceeding against such tenant, (d) Tenant should have applied to Court for direction in that regard within one month from date of service of summons

Citation 

2003 (3) CTC 488 (SC)

IN THE SUPREME COURT OF INDIA

Brijesh Kumar and Arun Kumar, JJ.

Civil Appeals No. 1811-13 of 1997.

R. Radhakrishnan and Others

selamegam

July 31, 2003

Vs.

Tamil Nadu City Tenants' Protection Act, Sections 9 & 3-Person seeking protection under Section 9 should satisfy conditions viz., (a) He should be tenant in possession of land, (b) ch tenant should have erected superstructure on land in respect of which tenant would be entitled to claim compensation under Section 3, (c) Landlord should have taken suit or oceeding against such tenant, (d) Tenant should have applied to Court for direction in that regard within one month from date of service of summons in suit- Section 9 refers to ection 3 and Section 3 makes it dear that compensation to be paid to tenant is in respect of building erected by him as tenant hands over such building to landlord Question of ayment of compensation to tenant does not arise if he cannot handover building to landlord - Actual physical possession of land by tenant is essential for invoking Section 9 Ja non Original tenant inducted his brothers, as partners in his business and original tenant later quit partnership-Landlord was made party to such agreement Two younger rothers so inducted are not tenants and cannot daim benefit of Section 9 Original tenant having quit partnership was not in actual physical possession of premises cannot maintain Section 9 application. [Paras 5, 6, 11, 12 & 14] is sine

Tenancy Law-Mere payment of rent by one to landlord does not make such person tenant. [Para 8]

...Appellant

...Respondent

CASES REFERRED

Gammalapura Tappina Matada Kotturuswami v. Setra Veeravva and others [195871 SCR 968 P. Ananthakrishnan Nair and another v. Dr. G. Ramakrishnan and another (1987)2 5CC 429 TP. Ramaswamy Parv Mohd Yousuf and others [1961] 2 ML2 319

[Para-13)

[Para 13)