Tenants who are in actual physical possession alone can daim protection under Tenants Protection Act Tenant has not demarcated portion in his occupation and major area of superstructure is in possession of sub tenants Tenant not entitled protection.

2003 (1) CTC 199 (Mad)

IN THE HIGH COURT OF MADRAS

R. Jayasimha Babu and Prabha Sridevan, JJ.

L.P.A.No.70 of 1998 and C.M.P.No.9435 of 1998.

December 10, 2002

B.S. Nagarajan

K.B. Sivasankaran

Transfer of Property Act, 1882, Section 106- Tamil Nadu City Tenants Protection Act, 1921, Section 9 Madras Hindu Religious Endowments Act, 1927, Section 76 Tenant granted lease of land by temple on 7.5.1949 and lease is for period of 60 years Section 76 of Madras Hindu Religious Endowments Act 1927 prohibits grant of lease of any immovable property belonging to any math or temple or specific endowment unless such lease is necessary or beneficial to such temple and is sanctioned by Board-Lease in favour of tenant not sanctioned by Board-Tenant had earlier obtained decree declaring himself as hereditary trustee in respect of Respondent temple and such dedaration can be given In respect of Public temple alone - Lease in favour of tenant but not backed by sanction by Board invalid in law and tenant not entitled to any relief - Order of Single Judge reversing decree in favour of tenant confirmed in appeal. [Para 4, 9 & 15]

Transfer of Property Act, 1882, Section 106- Tenant granted lease of immovable property of Public temple for 60 years without sanction of endowment Board - Temple issued notice to tenant informing him that Temple had no authority to lease out land for more than 5 years and called upon tenant to have lease deed executed in his favour properly Tenant pleaded express tenancy and also pleaded implied tenancy - such plea is not available legally and factually Payment of monthly rent by tenant to Temple in facts and circumstances cannot lead to implied tenancy. [Para 11 & 12]

Tamil Nadu City Tenants Protection Act, 1921, Section 9- Tenant subleased property to third parties Tenants who are in actual physical possession alone can daim protection under Tenants Protection Act Tenant has not demarcated portion in his occupation and major area of superstructure is in possession of sub tenants Tenant not entitled protection. [Para 12 & 13]