B SHAJI Vs. SREE PRAVARASWAMY DEVASTHANAM

JUDGEMENT

(1.) SECOND appeal No. 1316 of 2008 has been preferred against the judgment and decree of the learned VI Additional Judge, City Civil Court, Chennai made in A.S. No. 482 of 2007 confirming the judgment and decree dated 31.3.2006 passed by the learned III Assistant Judge, City Civil Court, Chennai in O.S. No. 2711 of 2000.

(2.) THE suit was filed by the respondent in the second appeal, namely Sree Pravaraswamy Devasthanam, represented by its hereditary Managing Trustee C.Balaji, against the appellant in the second appeal, praying for a direction against the defendant to vacate and deliver vacant possession of the suit property, for recovery of rental arrears and for recovery of damages for use and occupation on the basis of alleged termination of the lease created in favour of the appellant/defendant. Among other grounds of defence, the suit was resisted on the ground that the same was not maintainable in law, as the respondent temple/plaintiff temple would come within the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

(3.) ALONG with the second appeal, the appellant has also filed a miscellaneous petition M.P. No. 1 of 2008 in S.A. No. 1316 of 2008 praying for stay of execution of the decree. This Court, by an order dated 29.10.2008 granted interim stay on condition that the appellant should deposit a sum of Rs.15,000/- towards arrears of rent to the credit of the original suit within two weeks from the date of the said order. In the said order, permission was granted to the respondent herein/plaintiff to withdraw the said amount along with any other amount which was already deposited by the appellant/defendant. The appellant/defendant was also directed to pay future rents to the respondent. Admittedly, first part of the said condition was complied with and according to the appellant, the second part of the condition was also substantially complied with by tendering the rent, which was declined by the respondent herein/plaintiff. Under such circumstances, the respondent/plaintiff has filed M.P. No. 1 of 2009 in S.A. No. 1316 of 2008 for vacating the above said order of interim stay.