S GHOUSE Vs. AMMAKAMMA CHARITIES

JUDGEMENT

(1.) THE legal representatives of the plaintiff in O.S. No. 8949 of 1976 on the file of 11th City Civil Court, Madras are the appellants in this appeal. THE defendants in the said suit are the respondents in this second appeal. For the sake of convenience the parties are referred to in this judgment as per their nomenclature given in the suit. THE plaintiff filed the suit for a declaration that the order of eviction passed in H.R.C. No. 3082 of 1971 on the file of the 6th Court of Small Causes at Madras is illegal unenforceable and inexecutable. THE case of the plaintiff is as follows: THE plaintiff is the tenant of the plaint schedule mentioned property under the defendants. THE defendants filed eviction petition in H.R.C. No. 3082 of 1971 on the ground of demolition and reconstruction of the schedule mentioned premises and eviction was ordered after contest on 28.11.1973. THE plaintiff took the matter in appeal in H.R.A. No. 24 of 1974 and the same was dismissed on 7.8.1974. THE revision preferred by the plaintiff in CRP. No. 3238 of 1974 was dismissed by this court on 16.7.1976. When the CRP. was pending, the Government of Tamil Nadu issued a Notification in G.O.Ms. No. 1998, Home dated 12.8.1974 exempting all the buildings owned by the religious trusts and charitable institutions from the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter called as Act). THE order of eviction passed by the Rent Controller is not executable because the Rent Control Court had no jurisdiction to entertain the petition for eviction. THE order of eviction passed by the Rent Controller and confirmed by the Appellate Authority in appeal and by this Court in revision, is a nullity in law as the said order was passed without any jurisdiction and therefore the order of eviction is not executable.

(2.) THE defendants resisted the suit contending that the Government passed the order in G.O.Ms. No. 1998, Home on 12.8.1974. THE petition for eviction was filed on 15.12.1971. THE order of eviction was passed by the Rent Controller on 27.11.1973. THE appeal was dismissed by the Appellate (sic) Authority on 7-8-1974 and the orders of the Rent Controller as well as the Appellate Authority were passed before the issue of the G.O. 1998 Home on 12.8.1974 and therefore, the said G.O. will not affect the validity of the order of eviction passed before G.O.Ms. 1998 Home came into force. THE said G.O.Ms. 1998, Home dated 12.8.1974 has no retrospective effect.