AIR 1991 MADRAS 388 ::(1991) 2 MadLJ12 ::(1992) 1 RentLR 57

Madras High Court

Hon'ble Judge(s): Nainar Sundaram, Thanikkachalam , JJ

Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act (1 of 1976) , S.5(1)— Eviction - City Tenant - Possessing vacant site belonging to railways - Failure to comply with notice of termination of tenancy - Provisions under Act for eviction could be resorted to, despite T. N. City Tenants Protection Act. Tamil Nadu City Tenants Protection Act (3 of 1922) , S.3— In the absence of any embargo expressed in the Tamil Nadu City Tenants Protection Act for eviction as such of a city tenant the process for eviction resorted to under the T. N. Public Premises (Eviction of Unauthorised Occupants) Act cannot be frowned upon. The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act also does not by its terms exclude a city tenant from its purview. Where a city tenant who was put in possession of a vacant site belonging to the railways and who failed to comply with notice of termination of tenancy, the provisions of the T. N. Public Premises (Eviction of Unauthorised Occupants) Act for his eviction could be resorted to, despite the T. N. City Tenants Protection Act. Further, in spite of the clauses of the grant inhibiting the tenant from erecting or causing to be erected on the land or any part thereof any structure of a permanent or a quasi permanent nature, if the tenant had put up superstructures of permanent nature, he had t....