A V HANIFA Vs. SALIMA DHANU

JUDGEMENT

(1.) Defendant has preferred this revision petition against the order of the executing Court directing delivery of possession of the suit property overruling the contentions raised by him.

(2.) The short facts are: The respondent filed O.S. No. 543 of 1977 and O.S. No. 216 of 1977 on the file of the District Munsif's Court, Salem. O.S. No. 543 of 1977 is for recovery of possession while the other suit is for an injunction restraining the defendant from utilising the suit property for any purpose other than that for which it was leased out. Both the suits were tried together and disposed of by a common judgment on 8-3-1979. The contention raised by the defendant, who is the petitioner herein, was that the suit for recovery of possession was not maintainable as he was entitled to the benefits of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as 'Act'. That contention was met by the plaintiff on the ground that the building was a new one completed in 1974 and the Act would not apply for a period of five years from the date of completion. It was stated on behalf of the plaintiff that the old building which existed was destroyed by a fire accident and the plaintiff had to erect a new structure. It was argued before the trial Court that the plan which was sanctioned by the Municipality showed that what was done by the plaintiff was only to change the roof and there was no new construction by the plaintiff. That aspect of the matter was dealt with by the trial Court in para 21 of its judgment. The relevant passage in the judgment reads thus :

(3.) There was an appeal by the petitioner in A. S.No. 168 of 1979 on the file of the Subordinate Judge's Court, Salem. The same contention was put forward by the petitioner before the appellate Court but the appeal was dismissed. There was a second appeal in this Court in S. A. No. 849 of 1980. That was dismissed on 10-2-1986. It is necessary to extract the judgment of this Court in that second appeal and the relevant portion reads thus :