SUBRAMANIYA PILLAI Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed for a Mandamus to direct the respondents to execute and register a sale deed in favour of the petitioner in respect of the property bearing House and Ground Old Door No.93, subsequent Door No.93/2, Present door No.102, Vijaya Vigneswarar Koil Street, Choolai, Chennai - 600 112.

(2.) It is the case of the petitioner that he was a tenant under the second respondent Temple and he has put up a super structure over the land, which is the subject matter of the tenancy. According to the petitioner, he is in possession of the property for more than 50 years. It is also his case that his father Govindasamy Pillai, who was the original tenant was paying the rent regularly to the Temple. But according to him, the Temple filed an Ejectment Suit in Ejt.S.No.30 of 1981 on the file of the learned III Judge, Court of Small Causes, Chennai against the petitioner as well as his father to evict them from the afore mentioned premises.

(3.) It is the case of the petitioner that he filed a petition in Ejectment Suit No.30 of 1981 under Section 9 of Tamil Nadu City Tenants Protection Act in MP No.505 of 1981 seeking for a direction to the Temple to sell the land for a price fixed through a Commissioner appointed by the Court. According to the petitioner in MP No.505 of 1981, the Court passed the following order on 16.08.1982 :