VANJIAPPA GOUNDAR Vs. SRI KANNIKA PARAMESWARI AMMAN KOVIL

JUDGEMENT

(1.) THE defendant in O.S.No.143 of 1978 on the file of the District Munsif of Pollachi is the appellant in this second appeal. THE plaintiff in the said suit is the respondent in this second appeal. For the sake of convenience the parties are referred to by the nomenclature given to them in the respective suits..

(2.) THE plaintiff filed the suit for recovery of possession of the suit property, for recovery of arrears of rent or damages and also for the recovery of future rent or damages at the rate of Rs.62 per month from 1.4.1978 till the dale of delivery of possession. THE case of the plaintiff-Devastanam is as follows: THE plaintiff is the owner of the suit property represented by the present Managing Trustee, K.Parthasarathi Chettiar. THE defendant took the suit property from the then managing Trustee of the plaintiff-Devastanam on lease long ago on a monthly rental of Rs.19 per every English Calendar month. Subsequently the monthly rent was fixed at Rs.62. THE defendant is a tenant holding over under the plaintiff. THE provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1960, hereinafter called the Act, do not apply to the suit property, because, it belongs to a religious and charitable institution, the plaintiff-devastanam instituted proceedings against all the tenants for eviction on the ground of bona fide requirement for demolition and reconstruction, under the Act. THE defendant and all other tenants agreed to vacate, but, wanted a fairly long time to vacate the premises. THE same was conceded by the plaintiff and agreed to give three years? time to the defendant and other tenants to vacate the premises in their occupation and accordingly orders were passed in the Rent Control Petitions, by consent of parties. Subsequently, the judicial pronouncements of this court made the consent orders in executable and, therefore, the plaintiff was obliged to give a fresh notice of termination of tenancy and filed fresh petitions before the Rent Controller, Pollachi for eviction. When the application for eviction was pending before the Rent Controller in 1975 all buildings belonging to religious charitable institutions were removed from the purview and jurisdiction of the Rent Controllers by the Government order in G.O.Ms.No.2000. In those circumstances the plaintiff was constrained to file the above mentioned suit seeking the reliefs, referred to above. [After setting out (in paras 3 to 16) the facts and the case of the plaintiff inS.A.Nos.l969tol975 of 1986, which were similar to S.A.No.1968 of 1986, His Lordship proceeded as follows:]