K NARASIMHAN DECEASED Vs. K RAJAGOPAL

JUDGEMENT

(1.) THE plaintiffs having aggrieved by the judgments and decrees of the Courts below have filed this second appeal.

(2.) THE suit property originally belonged to one C.A. Narayana Rao. He bequeathed life interest in the property mentioned in "A" Schedule to the will annexed to Ex.A-5 in favour of his first daughter Rukmani Ammal, and thereafter absolutely to his grandsons born to Rukmani Ammal. THE said Will was probated in O.P. No.118 of 1961. THE respondent claiming that he is the tenant with respect to the vacant land bearing plot No.107, Door No.29, Deenadayalu Street, T.Nagar, Madras-17, measuring an extent of 1124 sq.ft. filed a petition under Sec.9(1)(a)(ii) of the Madras City Tenants Protection Act, 1921, (hereinafter called "the Act") in eject O.P. No.63 of 1973 on the file of the Small Causes Court, Madras, to direct Rukmani Ammal, the respondent therein to sell the said property to him at a price to be fixed by the Court.

(3.) IN the appeal in Eject Appeal No.7 of 1986, the learned District Judge, appreciating the pendency of the said suit, has found that any decision in the appeal could be only subject to the result of O.S. No.2129 of 1987, but ultimately dismissed the appeal. So, the appellants herein filed a revision in C.R.P. No.1503 of 1991. The learned Judge of this Court though rejected the revision, the same was done on the basis that the dispute is pending before the Civil Court, and the appellants have obtained an order of status quo by which the rights of the parties are sufficiently safeguarded and so the revision need not be entertained.