RAJA VELLAIYAN Vs. SUNDARA VINAYAGAR

JUDGEMENT

(1.) This Second Appeal has been filed against the Judgment and decree dated 13.11.2008 passed in A.S.No.267 of 2008, on the file of learned VII Additional City Civil Judge, Chennai, confirming the judgment and decree dated 20.11.2007 made in O.S.No.1664 of 2003 on the file of learned XV Assistant City Civil Judge, Chennai.

(2.) The facts which gave raise to the filing of the present Second Appeal, are stated hereunder:

(3.) The suit was resisted by the defendant/tenant by way of Written Statement, stating that having chosen to go before the Rent Control Court, it was not open to the plaintiff to approach the Civil Court, seeking eviction. According to the defendant, the plaintiff having chosen the jurisdiction under the Rent Control Act, can remove itself from the said jurisdiction and resort to common law remedy before a Civil Court. The defendant also filed an additional Written Statement before the trial Court, objecting to the maintainability of the suit, since the competent authority to initiate legal proceedings on behalf of the temple, was Board of Trustees and not the Chairman or Executive Officer. As according to the defendant, the suit was instituted by the Chairman.