To appreciate the points arising in this case it is necessary to refer to the relevant provisions of the Madras City Tenants Protection Act, 1921. The Act was passed with a view to give protection to tenants who in certain areas had constructed buildings on others' lands in the hope that they would not be evicted so long as they paid fair rent for the land. The Act was amended from time to time. It extends to the city of Madras and other notified areas and applies only to tenancies of land created before certain specified dates. ( s. 1).. It is common case before us that the Act extends to the area where the disputed land is situated. Section 2 is the definition section. "Building" is defined in s. 2 (1) to include any building, hut or other structure whether of masonry, bricks, wood, metal or any other material whatsoever used (i) for residential or non-residential purposes in certain specified areas and (ii) for residential purposes only, in any other area and includes the appurtenances thereto. It may be mentioned that "building" was not defined to include the appurtenances thereto in any area under sec. 2(1) before its amendment on July 27, 1960 by Madras Act III of 1960. "Land" does not include buildings, [s. 2(2)]. "Landlord" means any person owning any land, [s. 2(3)]. "Tenant" in relation to any land means a person liable to pay rent in respect of such land under a tenancy express or implied and includes any such person who continues in possession of the land after the determination of the tenancy agreement, [s. 2(4)]. Section 3 provides that every tenant shall on ejectment be entitled to be paid as compensation the value of any building which may have been erected by him and for which compensation has not alreadv been paid. Section 9 ( 1) provides that a tenant who is entitled to compensation under sec. 3 and against whom a suit in ejectment has been instituted mav within the prescribed time apply to the Court for an order that the landlord should be directed to sell the whole or part of the land for a price to be fixed by the Court. Section 10 provides that sec. 9 shall aµply to suits in ejectment which are. pending before certain specified dates. Section 11 requires 3 months notice in writing before the institution of a suit in ejectment against a tenant. Section 12 provides that "nothing in any contract made bv a tenant shall take away or limit his rights under this Act, provided that nothing herein contained shall affect any stipulations made by the tenant in writing registered as to the erection of bui!dinirs, in so far as they relate to buildings erected after the date of the contract." Section 13 provides that in its application to the city of Madras and to other notified areas the Transfer of Property Act shall to the extent necessary to give effect to the provisions of the Act be deemed to have been repealed or modifid.
