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december 1976

Supreme Court of India · 1976-12-15

G. PONNIAH THEVAR vs NELLAYAM PERUMAL PILLAI AND OTHERS

Citation / case number
SC 1976/61032
Court
Supreme Court of India
Petitioner
G. PONNIAH THEVAR
Respondent
NELLAYAM PERUMAL PILLAI AND OTHERS
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court held that under Section 2(e) of the Madras Cultivating Tenants Protection Act, 1955, the term 'landlord' encompasses not only the creator of the lease but also successive holders entitled to evict a tenant. The Court ruled that the statutory protection under Section 3(1) applies to all tenancies governed by the Act, irrespective of the rights of the lessor, thus allowing the appellant's tenancy rights to persist beyond the life of the original lessor. The Court found that the provisions of the Act are prospective and not limited to those cultivating tenants in 1955, thereby reversing the lower courts' decisions and allowing the appeal.

G. PONNIAH THEVAR vs NELLAYAM PERUMAL PILLAI AND OTHERS · Niyam