RASAIYA Vs. TISAYANVILAI TOWN PANCHAYAT

JUDGEMENT

(1.) All these appellants are the plaintiffs in O.S.Nos.123 of 2013, 43 of 2012, 42 of 2012, 41 of 2012, 45 of 2012, 44 of 2012, 122 of 2013, 40 of 2012 & 39 of 2012, on the file of the Principal District Munsif Court, Valliyoor. The appellants are the tenants of shops belonging to the respondent Town Panchayat. The suits were filed for declaration that the plaintiffs were entitled to the benefits of G.O.Ms.92 dated 03.07.2007 and that they are entitled to continue as tenants till 2021. Permanent injunction was also sought for restraining the defendant/Town Panchayat from interfering with their enjoyment of the property.

(2.) The suits were resisted by the Town Panchayat contending that the suits as framed are not maintainable. It was also claimed that all the plaintiffs owe huge amount towards arrears of rent. The Town Panchayat also took a plea that the plaintiffs are not entitled to the benefit of G.O.Ms.No.92 dated 03.07.2007 and this Court had repeatedly held that the above said Government order does not require the local authority to renew the lease at an enhanced rent. The Government Order is only advisory in nature and not mandatory. A further contention was raised by the respondent Town Panchayat to the effect that the suits in the absence of notices under Section 350 of Tamil Nadu District Municipalities Act are not maintainable.

(3.) At trial, no oral evidence was let in. However, Exs.A1 to A4 were marked, on the side of the plaintiffs in all suits. Exs.B1 to B6 were marked on the side of the defendants in O.S.Nos.123 of 2013 and 122 of 2013. In rest of the Suits, Exs.B1 to B5 were marked on the side of the defendants.