SUBBAIAH THEVAR Vs. RASU MUDALIAR

JUDGEMENT

(1.) THIS Revision Petition is directed against an order of the executing court dismissing the application filed by the petitioner herein under S. 47 of the Code of Civil Procedure for declaration that the decree in O.S. 818/69 is non est in law and consequentially ordering that the same is inexecutable and unenforceable. The short facts are these-: The respondent filed O.S. 818/69 on the file of the District Munsif, Sirkali for recovery of possession. The respondent claimed to be the trustee of the trust to which the property belonged. The petitioner resisted the suit on the ground that the respondent was not a trustee and that he was a lessee with a permanent occupancy right. The petitioner also raised a contention that he has perfected title by adverse possession. He claimed a sum of Rs. 20,000/- by way of compensation for the superstructure erected by him.

(2.) THE trial court dismissed the suit holding that the respondent had lost his trusteeship by ouster. On appeal, the appellate Court reversed it and granted a decree in favour of the respondent. On a Second Appeal by the petitioner, this Court confirmed the findings of the lower appellate court and dismissed the Second Appeal by its judgment dt. 18.8.1980.

(3.) IT is only in the execution proceedings, the petitioner, after dismissal of the C.R.P. has come forward with the application invoking the benefits under the Tamil Nadu City Tenants Protection Act, in which he failed at the threshold. The petitioner is not entitled to the benefits of the Act. The question whether the suit stood abated would depend on the question whether the plaintiff is entitled to the benefits of the City Tenants Protection Act.