BHARGAVAKULA NAINARGAL SANGAM THIRUVANNAMALAI Vs. CHAKRAVARTHI

JUDGEMENT

(1.) THE plaintiff is the appellant. This appeal is against the Judgment and the Subordinate Judge of Tiruvannamalai in A.S.No.8 of 1979, which was in turn O.S.No.143 of 1978on the file of the District Munsif, Tiruvannamalai. THE suit was tried with six other suits filed by the same plaintiff against the other tenants occupying properties. THE suits are disposed of by a common judgment by the District Munsif 29.4.1978. THE appeals against the judgments and decrees in all the suits were also of by a common judgment by the Subordinate Judge dated 30.10.1979. Both the courts held that the respondent herein and the other tenants are entitled to the benefits Tamil Nadu City Tenants" Protection Act and the plaintiff is not entitled to the possession. Consequently, the suits were dismissed.

(2.) THE plaintiff filed this second appeal as well as Second Appeal Nos.1461 to 1466 Those second appeals were heard by a Division Bench and disposed of by judgment 20.10.1989. This second appeal was not posted along with those second appeals and counsel states that he could not trace out this appeal and have it posted with the appeals. Thus, this appeal was left out from the batch.

(3.) THE facts of the present case, which are similar to the facts of the cases decided Division Bench, are shortly as follows: THE plaintiff claimed that the defendant was and filed an eviction petition under the provisions of the Tamil Nadu Buildings (Lease Rent Control) Act. That petition was dismissed on the ground that the demised premises a vacant site and proceedings should be taken in a civil court. Subsequently, determining the tenancy was issued by the plaintiff and the defendant was called deliver possession. THE defendant sent a reply denying the allegations made in the Hence the suit was instituted.