A DURAIRAJ Vs. CHAIRMAN TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) THIS writ appeal is directed against the order of the learned single Judge arising out of the Tamil Nadu State Housing Board Act, 1961, hereinafter referred to as the 'Act'.

(2.) THE unsuccessful writ petitioner had challenged the order of eviction issued by the respondent - Tamil Nadu State Housing Board, hereinafter referred to as the 'Board'.

(3.) LEARNED Standing Counsel for the Board also brought to our notice the judgment dated 1.7.1997 rendered by a Division Bench of this Court in W.A. No. 100 of 1994. The facts of the said case vary from the facts of the instant case. In the said case decided by the Division Bench, the occupant was claiming as a dependant and legatee of the original lessee and it was held that such kind of occupants do not come within the ambit of Section 84 of the Act. In the said case, it was never claimed by the occupant that he was in unauthorised occupation but he was claiming to be an authorised occupant as an extension of the right of the original lessee. In that view of the matter, there is a clear distinction in the facts of that case and to that of the instant case.